5 
336 

445 


GOVERNOR  JOHN  C.  BROWN 


THIRTY-EIGHTH   GENERAL    ASSEMBLY, 


STATE  OF  TENNESSEE. 


DELIVERED  THURSDAY,  JANUARY  9,  1873. 


i, 


NASHVILLE: 

JONES,    PURVIS    &    CO.,    PRINTERS   TO   THE   STATE, 
1873. 


MESSAGE 


OF 


GOVERNOR  JOHN  C.  BROWN 


THIRTY-EIGHTH  GENERAL    ASSEMBLY, 


OF   THB 


STATE  OF  TENNESSEE. 


DELIVERED  THURSDAY,  JANUARY  9,  1873. 


.NASHVILLE: 

JONES,    PURVIS   &   CO.,   PRINTERS   TO   THE   STATE. 
1873. 


MESSAGE. 


Senators  and  Representatives : 

Deferring  to  your  wisdom  and  personal  knowledge  of  the  wants 
of  the  country,  I  would  most  gladly  spare  myself  much  of  the  labor 
and  responsibility  incident  to  a  regular  message,  did  not  the  Consti- 
tution leave  me  without  a  choice.  Impressed,  as  I  am,  with  the 
conviction  that  you  have  left  your  ordinary  avocations,  as  the  chosen 
representatives  of  the  people  of  your  several  Senatorial  and  Repre- 
sentative Districts,  imbued  with  an  earnest  desire  to  promote  the 
great  material  and  industrial  interests  of  our  State,  I  confidently 
invoke  your  careful  examination  of  such  recommendations  as  I  may 
make,  in  a  spirit  of  fairness  and  candor,  free  alike  from  individual 
interest  and  partisan  rancor.  Weigh  them  alone  by  their  merits. 
Look  alone,  I  beseech  you,  to  the  honor  and  well  being  of  Tennes- 
see, her  present  standing  before  the  world,  and  her  future  prosperity 
and  reputation.  Forget,  for  the  time  being,  in  the  consideration 
of  all  questions  relating  to  education,  finance,  trade,  immigration, 
commerce,  agriculture,  mining,  etc.,  that  we  have  had,  have  now,  or 
expect  in  the  future  to  have,  political  parties.  Consider  these  vital 
subjects  as  Tennesseeans,  actuated  alone  by  a  common  desire  to 
make  our  State  the  proudest  and  most  prosperous  of  the  American 
sisterhood. 

The  task  before  us  is  Herculean.  But  brave  hearts,  inspired  by 
the  same  patriotic  emotions  that  have  in  the  days  passed,  so  sig- 
nally distinguished  Tennesseeans,  'can  and  will  accomplish  all  we 
desire. 

The  last  twelve  months  have  witnessed  a  degree  of  prosperity 
hitherto  unparalleled  in  our  history.  Our  harvests  have  been  most 


abundant.  The  earth  has  yielded  a  most  satisfactory  return  to  the 
labor  of  the  agriculturist.  Our  mining  interests  have  been  extend- 
ed. The  problem  of  cheap  fuel  has  been  solved.  The  advantages 
presented  by  Tennessee  over  Pennsylvania  and  other  great  manu- 
facturing centres,  for  the  production  of  cheap  and  superior  iron,  is 
attracting  the  attention  of  enterprise  and  capital  to  her  inexhaustible 
ore  fields  yet  locked  in  the  fastnesses  of  her  mountains,  but  which 
must,  before  another  generation,  make  Tennessee  the  great  iron  cen- 
tre of  America. 

Neither  plague,  famine,  nor  pestilence  has  visited  us.  Neither 
civil  commotion,  nor  political  despotism  has  laid  hands  upon  the 
foundations  of  our  State  government.  All  men,  without  regard  to 
antecedents,  have  exercised  the  rights  of  freemen,  without  fear  or 
molestation. 

In  the  midst  of  this  state  of  general  prosperity,  let  us  continue  to 
cultivate  the  spirit  of  concession,  forgiveness  and  forbearance,  that 
has  been  for  the  past  three  years  so  sedulously  fostered  by  our  peo- 
ple, and  which  has  resulted  in  a  condition  of  profound  peace 
throughout  the  State,  and  most  effectually  brought  repose  and  good 
feeling  to  society.  And  let  us  not,  for  a  moment,  forget  that  we 
are,  for  the  time  being,  responsible  for  the  security  of  our  State 
government,  and  the  happiness  and  prosperity  of  its  people. 

Believing  that  you  enter  upon  the  execution  of  the  high  trusts 
confided  to  you  by  a  patriotic  and  honest  constituency,  fully  im- 
pressed with  their  solemn  responsibilities,  and  nerved  with  a  single 
purpose  to  advance  the  public  interests,  I  beg  to  present  such  infor- 
mation as  I  have  "  of  the  State  of  the  government,"  and  "  recom- 
mend for  your  consideration  such  measures  as  I  deem  expedient." 

THE  EXECUTIVE  DEPARTMENT. 

The  reports  of  the  Executive  officers,  already  before  you,  contain 
all  the  information  you  desire  from  the  several  branches  of  the  Ex- 
ecutive department.  I  have  studiously  endeavored  to  execute  the 
laws  and  administer  public  affairs  without  partiality  or  prejudice, 
and  in  the  discharge  of  the  varied  and  increased  duties  imposed  by 
the  Constitution  and  laws  upon  the  Executive,  I  have  endeavored  by 
every  means  compatible  with  a  prompt  and  just  dispatch  of  busi- 
ness, to  cultivate  economy  in  the  expenditures  of  the  revenues. 


And  it  affords  me  pleasure  to  say  that  my  efforts  in  this  behalf 
have  been  seconded  by  the  other  officers  of  the  Executive  De- 
partment. 

Considerable  labor  has  been  bestowed  upon  the  archives  in  the 
Executive  office  to  place  them  in  condition  to  be  examined  by 
parties  interested  in  them,  and  to  prevent  their  decay. 

This  work  was  done  under  authority  of  Chapter  XVII  of  the 
Acts  of  the  special  session,  passed  March  30,  1872.  Under  my  di- 
rections John  S.  Wilkes,  my  Private  Secretary,  has  most  efficiently 
performed  the  service. 

FINANCE   AND   CREDIT. 

The  fruits  of  the  legislation  of  the  last  three  years,  are  most  ap- 
parent, in  the  immense  reduction  of  our  bonded  debt,  and  the  per- 
ceptible improvement  in  the  value  of  our  securities  in  the  money 
markets.  Our  debt  is  still  large,  and  the  quotations  of  our  bonds 
are  far  below  that  of  other  States  of  equal  indebtedness,  and  with 
inferior  resources. 

Our  bonded  debt,  with  the  unpaid  coupons  added,  to  the  1st  of 
January,  1873,  according  to  the  Comptroller's  report,  is  $30,632,- 
200.76. 

But  the  State  lien  upon  solvent  railroads,  and  the  proceeds  of  the 
sale  of  delinquent  roads,  will  reduce  the  actual  debt  to  $21,362,654. 
31,  which  can  be  paid  alone  through  the  instrumentality  of  taxa- 
tion. You  will  perceive  that  of  this  latter  sum  about  $4,000,000  is 
unpaid  past  due  coupons.  And  the  debt  will  continue  to  increase  at 
the  rate  of  about  $1,000,000  per  annum,  until  the  payment  of  in- 
terest is  resumed.  Many  of  these  bonds  are  now  past  due,  and  many 
more  will  soon  become  due. 

For  more  than  three  years  the  people  have  been  in  power,  and 
yet  no  interest  on  the  public  debt  has  been  paid,  nor  has  any  provi- 
sion been  made  for  it.  A  sufficient  answer  heretofore  has  been  that 
there  was  a  very  large  floating  debt,  that  could  not  be  disposed  of 
except  by  payment  out  of  the  current  revenue.  This  floating  debt, 
consisting  of  old  issue  of  the  Bank  of  Tennessee  and  outstanding 
Treasury  warrants,  amounting  altogether  to  near  $3,000,000,  has,  to- 
gether with  the  current  expenses,  been  paid  or  provided  for.  Now 
the  question,  what  shall  be  done  with  our  past  due  coupons  and 


6 

bonds  and  the  accruing  interest,  cannot,  upon  any  pretext,  justifiable 
either  before  the  world  or  before  the  enlightened  public  sentiment 
of  Tennessee,  be  longer  postponed.  It  is  a  question  that  cannot  be 
trifled  with.  If  the  General  Assembly  fails  to  make  provision  for 
the  debt,  two  years  hence  your  successors  may  quail  before  a  debt 
increased  about  $2,000,000  by  accrued  interest.  And  we  may  well 
ask  ourselves  whether  the  country  will  be  better  prepared  to  meet 
the  present  debt,  increased  by  $2,000,000,  than  we  are  now  to  meet 
the  existing  debt  ?  Nothing  gives  such  a  promise. 

Feeling  assured  that  you  are  determined  to  provide  for  this  debt, 
the  practical  inquiry  is,  how  shall  it  be  done  ? 

No  one,  I  presume,  will  insist  that  the  past  due,  as  well  as  the  ac- 
cruing coupons,  shall  be  paid  at  once  out  of  the  revenues.  This 
would  oppress  the  people,  and  seriously  retard  the  growth  and  pros- 
perity of  the  State. 

I  respectfully  suggest  that  you  fund  the  entire  bonded  debt  of 
the  State,  including,  of  course,  the  past  due  coupons,  in  a  new  series 
of  bonds  running  forty  years  to  maturity,  bearing  interest  at  the 
rate  of  six  per  cent,  per  annum,  payable  in  January  and  July  of 
each  year. 

The  reason  for  funding  the  entire  bonded  debt  of  the  State  in  a 
new  series  of  bonds  is  two-fold  : 

1.  If  there  be  outstanding  bonds,  issued  without  authority  of  law, 
they  can  and  will  be  detected,  and  thrown  aside.      We  ought  not  to 
pay  the  principal  or  interest  of  such  bonds,  and  this  is   the   only 
practicable  mode  of  detecting  them. 

2.  In  the  issue  of  a   new  series  of  bonds,  running   forty   years, 
taking  up  all  the  old  bonds,  a  system  of  registration,  not  heretofore 
adopted  in   Tennessee,  would  always   show   precisely  our   bonded 
debt.     The  work  of  funding  would  be  accomplished,  under  one  law, 
and  probably  within  a  year  after  the  passage  of  the  act.     The  con- 
fusion always  incident  to  a  frequent  issue  of  bonds,  under  different 
Acts,  to  take  up  obligations  constantly  maturing,  would  be  altogether 
avoided,  and  our  financial  system  would  be  greatly  simplified. 

It  is  believed  that  the  expense  incident  to  funding  should  be 
borne  by  the  holders  of  our  securities,  and  under  an  assurance  and 
provision  for  an  early  resumption  of  the  payment  of  interest,  it 
is  believed  that  the  bondholder  would  cheerfully  comply  with  such  a 
provision. 


I  further  recommend  that  interest  be  paid  only  upon  the  funded 
debt,  and  that  provision  be  made  for  such  payment  to  commence  as 
early  as  may  not  be  oppressive  to  the  tax-payer.  No  good  reason 
can  be  seen,  why  the  payment  of  interest  on  this  debt,  when  funded, 
should  not  commence  as  early  as  July,  1874. 

This  measure,  if  adopted,  should  provide,  also,  for  the  funding 
of  all  well  ascertained  liabilities  of  the  State,  other  than  what  is  rec- 
ognized as  the  floating  debt. 

I  recommend,  too,  that  you  declare  whether  or  not  the  State  shall 
pay  interest  upon  bonds,  after  their  maturity,  until  funded.  There 
is  no  legislative  recognition  of  such  liabilities  by  the  State,  and  the 
authorities  on  the  subject  are  conflicting. 

In  any  event,  I  advise  a  repeal  of  all  existing  laws,  authorizing 
the  funding  or  novation  of  bonds  and  coupons.  They  are  partial, 
and  to  some  extent  difficult  of  interpretation. 

The  statistics  of  Tennessee  show  her  taxable  property  to  be 
$500,000,000.  And  it  is  believed  that  if  the  recommendation,  else- 
where made,  for  the  improvement  in  the  laws  for  the  assessment  and 
collection  of  taxes  are  responded  to,  the  present  rate  of  taxation  will 
yield  sufficient  revenue,  with  other  sources  that  can  be  made  availa- 
ble, to  defray  the  expenses  of  the  State  Government,  and  also  pay 
the  interest  on  the  funded  debt. 

ASSESSMENTS. 

A  fair  and  thorough  trial  of  our  present  system  of  revenue  law, 
has  demonstrated  that  it  is  inadequate  to  meet  the  demands  upon 
the  Treasury,  for  the  current  expenditures  of  the  Government, 
and  the  prompt  payment  of  the  annual  interest  upon  our  indebt- 
edness. 

The  assessment  of  property  for  taxation,  and  especially  of  real  es- 
tate, is  unequally  made  ia  many  instances. 

In  my  message  to  the  Thirty-seventh  General  Assembly  I  said, 
upon  this  subject : 

"  Sec.  28  of  Article  II  of  the  Constitution,  provides,  that  '  all 
property  shall  be  taxed  according  to  its  value  ;  that  value  to  be  as- 
certained in  such  manner  as  the  Legislature  may  direct,  so  that  taxes 
shall  be  equal  and  uniform  throughout  the  State.' 

"'  No  one  species  of  property,  from  which  a  tax  may  be  collected, 
shall  be  taxed  higher  than  any  other  species  of  property  of  the 
same  value.' 


"This  provision  of  the  Constitution  will  be  violated,  if  the  mode 
of  assessment  does  not  result,  as  near  as  possible,  in  taxing  property 
according  to  its  value,  and  so  that  taxes  shall  be  uniform  throughout 
the  State. 

"  Any  plan  of  assessing  property  which  does  not  meet  this  re- 
quirement is  in  palpable  violation  of  the  Constitution. 

"  And  any  system  which  fails  to  assess  all  property  subject  to  tax- 
ation, will  be  in  conflict  with  another  provision  of  the  same  article, 
requiring  'all  property  to  be  taxed/  excepting,  etc.,  etc. 

"  The  practical  workings  of  existing  laws,  for  the  assessment  of 
taxable  property,  produce  great  dissatisfaction,  resulting  in  oppres- 
sion to  a  large  class,  because  of  the  great  inequality  of  assessments 
of  property  of  the  same  market  value. 

"  There  are  too  many  Assessors  in  each  county.  Each  Assessor 
has  his  own  peculiar  views  and  plans  upon  which  to  base  his  esti- 
mates, and  the  result  is,  that  there  is  an  absence  of  uniformity  in 
the  valuation  of  property. 

"  It  often  occurs  that  tracts  of  land  lying  contiguous  to  each  other, 
of  the  same  quantity,  quality  and  value,  differ  in  their  actual  as- 
sessments from  fifteen  to  one  hundred  per  cent.,  and  only  because 
they  are  separated  by  an  imaginary  district  line,  and  assessed  by 
different  officers. 

"  It  is  but  justice  to  all  classes,  and  especially  to  the  honest,  prompt 
tax-payers,  that  a  uniform  valuation  be  made  throughout  the  entire 
State,  so  that  all  may  bear  equally  the  burthens. 

"  The  officers  upon  whom  this  task  is  imposed  in  the  various  civil 
districts,  would,  doubtless,  foe  greatly  relieved  by  such  additional 
legislation  as  would  exempt  them  from  some  of  the  responsibility, 
and  frequently  odium,  which  is  cast  upon  them  in  the  performance 
of  the  delicate  task  of  affixing  a  valuation  to  their  neighbors-  prop- 
erty. 

"  I  therefore  recommend  that,  as  an  amendment  to  the  present 
system,  the  county  courts  be  required  to  appoint,  for  their  respective 
counties,  a  Board  of  Revenue  Assessors,  consisting  of  three  or  five 
men,  who  shall  .be  charged  with  the  duty  of  assessing  all  taxable 
property  in  their  respective  counties,  and  that  they  shall  be  required 
to  base  their  valuation  of  all  lands  upon  the  written  evidence,  in 
the  form  of  depositions,  of  not  less  than  three  resident  freeholders 
of  the  civil  district  in  which  the  lands  are  situated,  touching  the 


9 

value  of  each  tract  of  land  in  their  district ;  said  depositions  to  be 
taken  in  the  civil  districts  where  the  land  lies,  before  some  Justice 
of  the  Peace  of  said  district,  by  whom  the  depositions  shall  be  re- 
turned to  the  Board  of  Assessors,  on  or  before  the day  of 

in  each  year,  and  filed  by  them  with  their  returns  to  the  County 
Court. 

"  And,  inasmuch  as  there  is  generally  no  standard  of  cash  values 
affixed  to  lands,  the  value  upon  certain  credits  to  be  fixed  by  law, 
should  first  be  ascertained  by  the  Assessors  from  the  proof,  and  then 
they  should  reduce  it  to  a  cash  basis  by  a  uniform  rule,  to  be  pre- 
scribed by  law.  No  freeholder  who  is  willing  to  bear  his  just  pro- 
portion of  the  public  burthens,  in  consideration  of  the  protection 
afforded  his  life  and  property  by  the  Government,  can  complain  of 
this  system.  The  testimony  of  his  neighbors  is  invoked  to  do  jus- 
tice between  him  and  the  State.  The  same  rule  is  applied  to 
his  neighbor.  All  landholders  are  placed  upon  an  equality,  and  pay 
taxes  in  proportion  to  the  actual  value  of  land  owned  by  each." 

These  recommendations  were  not  adopted,  and  I  now  renew  them. 
The  reports  of  the  Comptroller  and  Treasurer,  now  before  you,  de- 
monstrate that  the  measures  adopted  instead,  have  failed  to  remedy 
the  evils  suggested,  and  it  is  evident  that  the  whole  law  of  assess- 
ment should  be  thoroughly  remodeled,  in  order  to  reach  a  just  and 
uniform  system  of  assessing  the  entire  taxable  property  of  the 
State. 

I  still  think  this  end  cannot  be  attained  under  existing  laws. 
The  assessors  should,  I  think,  be  selected  from  different  parts  of  the 
county.  They  should  be  thoroughly  identified  and  acquainted  with 
the  community,  holding  no  other  office,  and  should  be  appointed  for 
a  term — say  of  four  or  five  years — and  then  be  ineligible  for  a  term. 

To  aid  them  in  the  discharge  of  their  duties,  and  at  the  same 
time  to  "unearth"  a  large  amount  of  personal  property,  especially 
about  the  towns  and  cities,  which  now  pays  no  tax,  I  suggest  that 
every  tax-payer  render  a  schedule  of  all  his  property,  money,  bonds, 
stocks,  choses  in  action,  etc.,  certified  by  him  to  be  correct,  and  de- 
liver it  to  the  tax  assessors,  on  or  before  a  day  specified  by  law 
under  just  and  proper  restrictions  and  penalties. 

This  would  place  every  tax-payer  upon  an  equal  footing.  The 
citizen  who  desires  to  do  right,  will  not  complain  at  this  mode  of 
rendering  his  taxable  property.  He  who  is  not  willing  to  comply 


10 

with  the  law,  should  be  compelled  to  yield  his  obedience,  so  as  to 
share  equally  with  his  fellow-citizens,  the  general  burden. 

COLLECTION   OF   TAXES. 

While  the  system  of  assessments,  for  the  reasons  stated,  is  rad- 
ically defective,  the  provisions  of  the  law  for  the  collection  of  taxes, 
after  they  have  been  assessed,  are  also  inefficient,  and,  in  some  re- 
spects, inoperative. 

The  most  important  requisite  of  a  perfect  collection  law  is  that  it 
is  so  plain,  certain  and  distinct  that  it  cannot  be  mistaken,  misun- 
derstood or  perverted  by  either  the  Collector  or  the  tax  payer.  This 
being  secured,  the  Collector  should  be  compelled,  by  proper  provis- 
ions and  penalties,  to  a  prompt  execution  of  the  law,  and  a  speedy 
close  of  his  trust. 

Under  the  law,  as  now  administered,  too  much  time  is  allowed  the 
Collector,  within  which  to  make  his  settlements,  and  close  his  ac- 
count with  the  Comptroller. 

This  delay  only  furnishes  to  the  Collector  an  opportunity  for  trade 
and  speculation  upon  the  public  money,  which  many  are  not  slow 
to  embrace — always  resulting  in  injury,  and  often  in  loss  to  the 
State.  The  remedy  for  this  is  plain  and  simply  this,  to  allow  only 
such  time  to  the  Collector  to  make  his  collections  as  may  be  neces- 
sary for  that  purpose ;  and  so  soon  as  that  has  elapsed,  the  Comp- 
troller, and  if  necessary,  the  District  Attorney,  should  be  re- 
quired to  see  that  his  accounts  are  closed  at  once,  or  take  judgment 
at  the  first  term,  after  failure,  under  heavy  penalty.  Credits  are 
also  allowed  the  Collector  without  proper  guards  and  restrictions  for 
lands  returned  for  condemnation,  and  for  supposed  improper  assess- 
ments and  insolvencies. 

To  remedy  this  evil,  I  recommend  that  the  Collector  be  required, 
upon  making  his  returns  (to  the  courts)  to  immediately  notify  the 
Board  of  Assessors  that  such  returns  have  been  made.  The  Board 
should,  thereupon,  within  five  days  after  the  receipt  of  such  notice, 
examine  the  returns,  and  if  they  discover  that  the  tax  assessed 
against  any  land  so  returned,  might  still  be  made  by  a  sale  of  per- 
sonalty, belonging  to  owner  of  the  land,  they  shall  direct  the  Col- 
lector to  make  such  sale. 

Whenever  the  Board  shall  be  of  the  opinion  that  the  tax,  for 
which  a  credit  is  asked,  could,  by  the  exercise  of  proper  diligence 


11 

on  the  part  of  the  Collector,  have  been  made  at  any  time,  after  the 
books  were  placed  in  his  hands,  or  if  the  Collector  should  fail  to 
make  sale  of  personalty  after  being  directed  to  do  so,  as  above  sug- 
gested, then  the  Board  of  Assessors  should  be  required  to  resist  and 
prevent  the  allowance  of  any  credit  to  the  Collector,  for  such  taxes. 
If,  upon  examination  of  such  returns,  the  assessors  should  find  that 
any  taxes  are  reported  as  improperly  assessed,  and  they  should  find 
them,  for  that  reason,  uncollectable,  they  should  rectify  such  assess- 
ment and  direct  its  collection ;  and  in  default  of  collecting  of  such 
corrected  assessment,  the  Collector  should  not  be  allowed  any  credit 
therefor,  unless  the  tax-payer  is  insolvent. 

SOURCES   OF   REVENUE. 

The  financial  embarrassment  of  the  State  very  forcibly  suggests 
the  necessity  of  seeking  new  sources  of  revenue. 

The  charters  of  our  railroads  exempt  perpetually  from  taxation 
the  capital  stock  of  these  corporations.  Without  arguing  the  ques- 
tion whether  the  attempt  at  perpetual  exemption  is  in  consonance  with 
our  organic  law,  or  within  the  scope  of  legislation,  it  is  enough  to 
say  that  such  power  is  denied  by  many  of  the  ablest  American 
jurists.  The  Supreme  Court  of  Tennessee,  however,  leaves  no  room 
for  doubt,  that  the  exemption  of  the  capital  stock  of  a  corporation 
does  not  exempt  the  SHARES  OF  STOCK  in  the  corporation,  in  the 
hands  of  individual  stockholders.  That  question  was  directly  pre- 
sented to  the  Court,  in  the  case  of  the  Union  Bank  against  the  State 
— 9th  Yerger's  Reports,  page  490.  It  is  distinctly  held  in  that 
case,  that,  although  by  the  charter  of  the  Union  Bank,  its  capital 
stock  is  exempt  from  taxation,  until  the  termination  of  its  corporate 
existence,  jet,that  the  shares  of  stock  in  the  hands  of  individual  stock- 
holders are  not  thereby  exempt,  but  such  shares  of  stock  are  the 
subjects  of  taxation  at  their  cash  value,  like  other  property. 

This  principle  applies,  of  course,  to  shares  of  stocks  held  in  all 
corporations. 

You  need  not  be  reminded  that  under  this  ruling  you  are  left 
without  option,  in  taxing  these  stocks,  under  the  provision  of  our 
Constitution  (Article  II,  Section  28)  providing  that  "all  property, 
real,  personal  or  mixed,  shall  be  taxed." 

Since  the  question  of  taxing  suits  before  Justices  of  the  Peace 
was  considered  by  your  predecessors,  and  rejected  because  of  doubts 
of  the  constitutionality  of  taxing  litigation,  the  Supreme  Court  of 
Tennessee,  in  the  case  of  Harrison  Pepper  et  al.  vs.  T.  I.  Willis, 


12 

has  held  that  the  General  Assembly  has  the  constitutional  power  to 
impose  such  a  tax. 

I  now  submit  to  you  whether  under  the  provisions  of  our  Con- 
stitution, declaring  "  that  taxes  shall  be  equal  and  uniform  through- 
out the  State/'  you  can  tax  litigation  in  Courts  of  Records,  and  ex- 
empt suits  before  Justices  of  the  Peace.  The  former  yields  consid- 
erable revenue,  and  cannot  be  dispensed  with.  The  latter  would 
produce  a  much  larger  amount,  and  make  a  most  valuable  addition 
to  the  aggregate  of  our  revenues,  and  would  be  a  light  burden  upon 
litigants. 

SALES   OF    LANDS   FOR  TAXES. 

The  attention  of  the  last  General  Assembly  was  directed  to  the 
system  under  which  lands  have  been  sold  for  the  collection  of  unpaid 
taxes,  and  I  urged  the  necessity  for  the  adoption  of  more  stringent 
rules,  in  order  .to  make  such  sales -effective  in  the  production  of  rev- 
enue. I  repeat  to  you,  what  I  then  said : 

"  Your  attention  is  invited  to  the  fact  that  for  many  years  lauds 
sold  for  taxes,  under  section  622  of  the  Code,  have  been  purchased 
in  the  name  of  Treasurer,  as  Superintendent  of  Public  Instruction, 
for  the  use  of  common  schools.  In  the  majority  of  instances,  the 
only  result  of  these  sales  has  been  to  charge  the  State  with  large 
bills  of  cost  advanced  from  the  school  fund  to  pay  the  expenses  of 
sell  ing  the  land. 

"  Such  lands  are  rarely  redeemed,  and  the  original  owners  are 
never  disturbed  in  the  possession  or  enjoyment  of  them.  It  is  gen- 
erally lands  held  upon  speculation,  or  in  large  bodies,  that  are  sold 
This  system  is  an  immunity  to  those  delinquents  against  the  payment 
of  taxes,  and  the  honest  tax-payer  is  the  sufferer,  because  the  defi- 
cits thus  created,  are  made  up  by  increased  assessments  against  him. 
A  large  amount,  perhaps  many  hundred  thousand  dollars  of  the 
revenue,  remains  uncollected  under  this  law,  an'd  legislation  is  re- 
quired, under  which  the  lands  can  be  re-sold,  if  not  redeemed. 

"  It  is  recommended,  also,  that  the  section  of  the  Code  referred  to 
be  repealed,  and  in  its  stead  stringent  laws  be  enacted,  by  which  the 
tax  on  lands,  like  that  on  personal  property,  may  be  made  available 
to  the  Treasury  of  the  State." 

In  addition,  it  is  suggested  that  section  612  of  the  Code  be  so 
amended  that  the  Tax  Collector  be  required,  in  making  return  of 


13 

lands  to  the  Circuit  Court  for  judgment  of  condemnation,  to  give 
such  description  of  the  lands  returned,  stating  locality,  boundaries 
and  the  names  of  owners,  that  a  judgment  of  condemnation,  passed 
upon  his  report,  shall  be  sufficient  to  vest  a  valid  title  in  the  pur- 
chaser, and  the  Court  should  enforce  these  requirements  before  judg- 
ment of  condemnation  is  pronounced.  When  the  sale  has  been 
made,  a  writ  of  possession  should  be  issued  to  the  purchaser  from 
the  Court  ordering  the  sale,  and  be  executed  without  delay,  and  the 
purchaser  should  be  allowed  to  hold/use  and  enjoy  the  same,  free 
from  rent  or  other  liability,  for  its  proper  use.  The  original  owner, 
however,  should  have  the  privilege  of  redeeming,  by  paying  the  bid 
and  interest,  and  the  damages  now  allowed  by  law. 

Unless  this  or  some  other  stringent  measure  is  adopted  for  the 
collection  of  taxes  against  lands,  a  large  amount  of  annual  assess- 
ments which  should  be  collected,  will,  in  the  future,  as  in  the  past, 
be  totally  lost  to  the  Treasury;  and  in  addition,  year  after  year,  a 
drain  will  be  made  upon  the  Treasury  for  the  costs  of  sales 
which  are  void.  There  is  no  reason  why  the  owner  of  land  should 
claim  or  receive  any  greater  immunity  from  the  payment  of  taxes, 
than  the  owner  of  personal  property. 

Thereisan  idea,  as  false  as  it  is  prevalent,  that  the  present  loose  sys- 
tem operates  as  a  protection  to  the  poor  man.  The  poor  man's  land  is 
rarely,  if  ever  sold.  It  is  the  real  estate  held  upon  speculation,  or 
in  the  hands  of  sharp,  shrewd  men,  who  have  watched  the  imper- 
fection of  the  law,  and  learned  to  evade  it,  that  is  generally  con- 
demned for  sale.  An  examination  of  the  reports  of  tax  sales,  now  on 
file  in  the  office  of  the  Comptroller,  will  show,  that  in  certain  localities 
of  the  State,  some  of  the  largest  landholders  have,  year  after  year, 
permitted  their  lands  to  be  sold  for  taxes,  and  in  this  way  have 
evaded  the  contribution  of  a  single  dollar  to  the  Treasury.  Each 
sale  runs  up  a  heavy  bill  of  cost  which  must  be  paid  out  of  the  taxes 
collected  from  the  prompt  tax  payer,  and  when  paid  oat,  is  rarely, 
if  ever,  returned  to  the  State. 

This  is  worse  than  a  farce,  and  is  unjust  to  the  good  citizen  who 
pro'.nptly  meets  the  demand  of  his  government.  Nay,  it  is  more;  it 
is  a  flagrant  violation  of  the  letter  and  spirit  of  the  Constitution. 

The  tax  commissioners  appointed  under  an  Act  of  the  last  General 
Assembly  to  sell  lands  heretofore  sold  for  taxes  and  purchased  by 
the  State,  request  an  amendment  to  that  Act,  authorizing  them  to 


14 

describe  the  lands  (so  as  to  identify  them)  in  filing   their   bills,  and 
that  this  be  made  to  cure  the  defect  in  the  original  description. 

EDUCATION   AND   COMMON   SCHOOLS. 

The  statistics  of  1870  afford  the  basis  of  a  charge  that  Tennessee 
is  third  in  ignorance  of  the  States  of  the  American  Union.  This  is 
heralded  to  the  world  by  Tennesseeans,  as  well  as  critics  beyond  the 
State,  as  a  disgrace  to  our  people. 

Without  controverting  the  assumed  fact,  let  us  review  the  condi- 
tion of  the  State,  and  ascertain  the  causes  that  have  retarded  the 
growth  of  any  educational  system. 

When  the  late  civil  war  was  inaugurated,  Tennessee,  with  a  popu- 
lation of  1,109,801,  had  a  taxable  list  of  $389,011,668.00. 

At  the  close  of  the  war,  the  assessments  showed  'only  $194,849,- 
387.00  of  taxable  property.  The  war  had  swept  away  $115,609,- 
554.00  in  slaves. 

And  it  is  universally  known  that  very  little  of  the  millions  of 
personal  property  (aside  from  slaves),  escaped  the  ravages  of  war. 
Meantime,  the  large  debt  owing  by  our  people,  growing  out  of  their 
commercial  and  ordinary  transactions,  had  swelled  in  volume  by 
four  or  five  years  of  accrued  interest,  all  of  which  was  unpaid. 
Tennessee,  early  in  1862,  on  account  of  her  geographical  position,  be- 
came, and  until  the  declaration  of  peace,  continued  the  theatre  of 
military  operations.  The  school  houses  were  closed.  The  country 
was  devastated.  And  not  until  several  years  after  hostilities  actu- 
ally ceased,  did  society  attain  such  repose  and  security  that  schools 
could  be  re-established. 

Added  to  this,  when  the  people  were  restored  to  power,  there  was 
no  educational  fund,  and  the  enormous  public  debt,  already  against 
the  State,  rendered  it  difficult  to  provide  any  permanent  school  fund. 

A  large  majority  of  the  States  were  free  from  the  actual  presence 
of  war.  All  of  them  enjoyed  seasons  of  immunity  from  the  scourges 
that  daily  inflicted  Tennessee  throughout  her  borders.  So  that, 
without  regard  to  where  the  responsibility  for  the  war  rests,  the  fact 
nevertheless  cannot  be  controverted,  that  for  a  period  of  time,  embrac- 
ing the  war  and  several  years  afterward,  a  system  of  schools  in  Ten- 
nessee was  impossible. 

And  in  1869,  when  the  people  acceded  to  power,  they  found  a 
State  debt  of  nearly  $43,000,000  hanging  like  a  midnight  shadow 


15 

upon  them.  We  had  neither  money  nor  credit.  Our  revenues  were 
yearly  absorbed  in  the  redemption  of  the  notes  of  the  Bank  of  Ten- 
nessee and  outstanding  Treasury  warrants.  And  the  appalling 
question  was,  not  whether  we  could  maintain  a  system  of  common 
schools  by  the  State,  but  could  we  preserve  the  State  Government 
and  sustain  its  faith  and  credit  without  bankrupting  the  people  in 
their  private  fortunes.  That  problem  is  now  happily  solved.  And 
while  it  is  most  unfortunate  for  the  State,  and  especially  for  her 
children,  that  these  untoward  circumstances  have  paralyzed  the 
efforts  of  the  friends  of  education,  yet  it  cannot  be  truthfully  said 
that  Tennessee  is  third  in  ignorance  because  of  the  indifference  of  her 
people  to  the  subject  of  education.  Every  true  son  of  hers,  at 
the  same  time  that  he  would  aid  in  developing  a  plan  to  edu- 
cate her  children,  will  not  fail  to  relieve  his  State  from  the  oblo- 
quy attempted  to  be  cast  upon  her  fair  name. 

The  county  system,  adopted  more  than  two  years  since,  is  giving 
great  satisfaction  where  its  merits  have  been  fairly  tested.  About 
thirty  (30)  counties  have  accepted  its  provisions.  That  it  has  de- 
fects cannot  be  denied  by  its  warmest  advocates.  And  the  question 
is  one  that  should  not  be  lightly  considered  whether  it  should  be 
abandoned,  until  the  efficacy  of  amendments  has  been  fairly 
applied. 

If  the  General  Assembly  should  determine  to  foster  this  system, 
I  recommend  that  you  appoint  a  State  Superintendent,  with  an  ade- 
quate salary,  who  shall  devote  his  time  exclusively  to  the  duties  im- 
posed by  that  office,  and  if  need  be,  an  Educational  Board  for  the 
State.  Through  their  agency,  the  people  could  be  awakened  to  the 
importance  of  testing  the  merits  of  the  law,  by  levying  a  tax,  and 
establishing  schools  within  their  respective  counties.  The  present 
law  might  be  amended,  making  it  obligatory  upon  the  county 
courts  of  the  several  counties,  if  they  fail  each  year  to  levy  a  tax,  to 
submit  the  question  to  a  vote  of  the  people. 

Other  amendments  which  will  readily  suggest  themselves,  upon 
an  examination  of  the  law,  would  greatly  improve  the  county 
system. 

After  you  have  examined  the  resources  of  the  State  for  revenue, 
and  shall  have  matured  a  plan  for  making  them  available  in  the 
form  of  actual  revenue,  and  shall  have  determined  what  amount 
will  be  necessary  to  sustain  the  State  Government  and  at  the  same 


16 

time  pay  the  interest  on  the  funded  debt,  (if  you  should  fund  it,)  it 
will  be  for  you  then  to  determine  whether  the  property  of  the  State 
can  sustain  such  an  additional  levy  as  will  be  adequate  to  the  sup- 
port of  a  system  of  common  schools  independent  of  or  in  conjunc- 
tion with  the  county  system.  The  fund  already  provided  and  se- 
cured by  the  Constitution  and  laws,  if  properly  utilized,  forms  the 
foundation  upon  which,  with  the  growing  prosperity  of  the  State? 
a  system  of  common  schools  may  be  built  up  commensurate  with  all 
the  wants  of  the  State.  The  permanent  fund  is  a  perpetual  charge 
upon  the  State,  by  the  terms  of  the  Constitution,  and  by  Acts  of  the 
General  Assembly  annual  interest  is  chargeable  thereon,  against  the 
Treasury.  In  funding  the  debt  of  the  State,  this  might  be  included 
and  the  payment  of  the  interest  thereon  could  be  provided  for  out 
of  the  general  revenue.  The  poll-tax  secured  by  the  Constitution, 
added  to  the  annual  interest  on  the  permanent  fund,  would  be  the 
available  sum  to  be  expended  each  year. 

I  recommend  that  you  memorialize  the  Congress  of  the  United 
States  to  grant  to  Tennessee  her  proportionate  part  of  the  large  public 
domain,  which  is  being  diminished  every  year  by  donations  to  rail- 
roads and  to  other  corporations  and  to  other  States.  If  obtained,  this 
land  should  be  consecrated  as  a  fund  for  education  and  common 
schools,  under  such  rules  and  regulations  as  the  General  Assembly 
may  prescribe,  consistent  with  the  Constitution.  Whatever  our 
preconceived  ideas  may  be  of  the  proper  disposition  to  be  made  of 
the  public  lands,  y,et  if  we  can  obtain  them  for  this  purpose,  it  would 
prove  a  blessing  to  the  State  that  no  other  disposition  of  them  could 
accomplish. 

Before  leaving  the  subject,  I  beg  of  you  to  give  it  that  attention 
demanded  by  its  important  influence  upon  the  destiny  of  the  State. 
The  time  has  come  when  it  must  be  met  and  disposed  of.  In  govern- 
ments like  ours,  where  officers  are  elective  by  the  people,  too  much  im- 
portance cannot  be  attached  to  the  education  of  the  voter.  The  degree 
of  his  intelligence  will  be  reflected  in  all  the  departments  of  the 
Government.  It  will  manifest  itself  in  the  wisdom  of  our  laws.  Its 
influence  will  be  felt  in  the  administration  of  justice.  It  places  its 
stamp  upon  society.  Indeed,  the  prosperity  and  the  permanency  of 
the  Government  depend  upon  the  intelligence  of  the  people. 

I  only  commend  to  you  the  importance  of  the  subject,  leaving  to 
your  discretion  and  judgment  the  peculiar  system  that  should  be 


17 

adopted,  or  the  improvements  necessary  to  be  made  upon  existing 
laws.  Without  I  could  anticipate  your  action  in  marshalling  the 
resources  of  the  State  and  making  them  available  for  revenue,  as 
well  as  your  disposition  of  the  public  debt,  I  cannot  say  more  than 
I  have  already  done. 

THE   STATE    PRISON. 

The  reports  of  the  Superintendent  and  Warden  of  this  institution 
herewith  transmitted,  present  the  information  necessary  for  you  to 
estimate  its  condition.  It  is  a  gratifying  fact  that  the  prison  has  at 
last  become  self-sustaining.  And  when  compared  with  the  prisons 
of  many  of  the  States,  the  result  we  have  attained  is  most  grati- 
fying- 

In  Illinois,  for  a  period  of  fifteen  months,  the  State  prison  was  a 

charge  on  the  Treasury  of  $130,196.52.  Pennsylvania,  in  1871,  ex- 
pended, above  her  receipts,  $58,811.61,  for  her  State  prison.  Ark- 
ansas expended  in  twelve  months,  $21,530.65,  and  Mississippi  $23,- 
674.35.  Missiouri,  since  1836,  has  averaged  $34,000.00  per  annum 
in  the  deficits  of  the  State  prison.  In  Virginia  the  expenses  have 
exceede  1  the  income  $40,000.00  per  annum.  In  other  States  simi- 
lar results  are  shown.  Some  of  them  have  adopted  the  general 
leasing  system,  while  some  others  farm  out  the  prison  shops,  or  hire 
the  labor  at  a  per  capita  rate. 

The  result  in  no  State  is  so  satisfactory  as  ours.  The  lessees  have 
promptly  met  their  obligations  to  the  State.  They  have  diversified 
the  labor  of  the  convicts,  and  reduced  the  mechanical  products  fifty 
per  cent,  in  one  year.  It  is  to  be  regretted  that,  until  the.  branch 
prisons  were  thoroughly  organized,  escapes  were  frequent  at.  some  of 
them.  Bat  it  is  believed  that  their  recurrence  is  now  effectually 
provided  against. 

The  applications  for  pardon  have  been  about  five  hundred  in  the 
past  fifteen  months.  Each  case  has  been  carefully  examined  and 
pardous  granted  only  where  there  appeared  to  be  sufficient  merit, 
and  in  a  large  majority  of  cases,  where  the  greater  part  of  the  term 
had  expired.  The  subjects  of  pardon  have  generally  been  cases  of 
convictions  for  larceny,  committed  at  a  time  when  society  was  in  a 
state  of  disorganization  resulting  from  the  recent  state  of  war.  I 
have  found  it  necessary,  with  the  increasing  number  of  inmates,  to 
establish  and  adhere  to  more  rigid  rules  on  this  subject.  The  Ex- 
2 


18 

ecutive  is  often  imposed  upon  by  these  ex  parte  applications,  and  I 
have,  on  this  account,  felt  constrained  to  protect  the  State,  by  refus- 
ing all  pardons  for  alledged  merit  or  hardship,  until  the  Attorney 
General  who  prosecuted  the  party,  and  where  practicable,  the  Judge 
and  prosecutor,  have  been  consulted,  and  afforded  an  opportunity  to 
present  the  claims  of  society.  It  has  occurred  to  me  that  some  spe- 
cial provision  should  be  made  for  juvenile  offenders.  It  is  cruel  to 
confine  a  boy  of  tender  years,  say  twelve  or  fifteen,  in  a  felon's  cell, 
surrounded  daily  by  the  demoralizing  influences  of  confirmed  vil- 
lians,  and,  perhaps,  for  his  first  offense,  committed,  it  oftens  happens, 
under  the  influence  of  wretches  who  evade  the  law.  If  separate 
apartments,  or  a  distinct  reformatory  institution  could  be  provided 
for  these  juvenile  offenders,  it  would  be  benficial  to  society,  and 
more  in  consonance  with  an  enlightened  sentiment  of  humanity. 

CHAEITABLE    INSTITUTIONS. 

You  will  be  furnished,  in  due  time,  with  reports  from  these  insti- 
tutions, and  at  a  future  day  of  the  session,  I  will  make  them  the 
subject  of  special  communication. 

You  are  aware  that  the  "  Tennessee  School  for  the  Blind  "having 
no  house,  has  occupied,  for  some  years  past,  a  large  building  in  the 
city  at  a  heavy  rental,  and  not  constructed  for  nor  well  adapted  to 
the  purpose.  Very  recently  a  prominent  and  most  worthy  citizen 
of  Nashville,  in  a  spirit  of  most  commendable  liberality,  purchased 
a  large  lot  with  elegant  improvements,  very  eligibly  situated  in  the 
city,  and  donated  it,  by  deed,  to  this  institution.  The  grounds  are 
ample  for  all  the  purposes  intended,  but  the  building  is  entirely  in- 
adequate both  in  spape  and  construction  for  the  present  wants  of 
the  school.  The  number  of  inmates  is  thirty-eight,  and  the  demand 
for  admission  constantly  increasing.  The  census  for  1870  shows 
800  as  the  number  totally  blind  in  the  State.  I  submit  the  follow- 
ing extracts  from  one  of  the  recent  reports  of  the  present  efficient 
Superintendent : 

"  A  considerable  sum  is  now  paid  annually  for  rent.  A  house 
built  for  a  private  family  always  needs  alteration  when  it  is  to  be 
used  for  both  an  academy  and  a  work-shop.  All  alterations  and 
improvements  in  a  rental  building  must  be  temporary  ;  they  are  paid 
for  by^he  school;  they  may  not  fully  serve  the  purpose  for  which 
they  were  intended ;  they  cannot  be  made  without  the  consent  of 


19 

the  owner  ;  they  finally  benefit  him,  or  if  the  material  with  which 
they  are  rmde  is  worth  the  labar  of  removal,  it  cannot  be  sold  at 
cost.  Moving  from  house  to  house  is  expansive  and  troublesome. 
All  the  money  expended  for  temporary  improvements  is  taken  from 
funds  that  were  intended  to  directly  benefit  the  educational  in- 
terests of  the  school,  not  a  dollar  of  which  can  be  well  spared  for 
indirect  uses.  These  are  minor  considerations  when  compared  with 
danger  from  fire  and  danger  to  life  through  disease. 

"  The  blind  frequently  inherit  scrofulous  constitutions  ;  they  are 
generally  less  robust,  and  possess  less  vital  energy  than  seeing 
children.  In  nine  cases  out  often,  the  very  causes  that  operated  to 
produce  blindness,  prevented  perfect  physical  development.  Per- 
sons who  are  strong  and  healthy  may  grow  stronger  by  exposure 
and  fatigue ;  they  may  resist  energetically  the  evil  effects  of  un- 
wholesome air,  sedentary  habits  and  continued  study,  but  the  blind 
are  apt  to  sink  under  exposure;  they  soon  show  the  injurious  effects 
of  breathing  vitiated  air,  lack  of  active  exercise,  and  close 
application  to  study;  the  health  fails,  the  constitution  is  un- 
dermined, and  death  ensues.  The  young  blind  need,  and  ought  to 
have,  the  invigorating  sports  of  childhood  more  than  other  children, 
in  the  open  air  when  practicable,  within  doors  when  the  weather  is 
inclement.  When  sleeping  apartments  and  other  rooms  are  crowded, 
ventilation  is  deficient ;  if  to  remedy  this  windows  and  doors  are 
opened,  chills,  rheumatism,  coughs,  and  perhaps  consumption  fol- 
low. The  best  efforts  to  properly  regulate  the  supply  of  fresh  ai  y 
are  often  ineffectual.  In  1857  the  number  of  our  pupils  was  al  most 
as  large  as  at  present ;  we  then  had  a  commodious  building,  gymna- 
sium and  playground.  The  aid  of  a  physician  was  required  but 
twice  during  that  year.  For  the  past  four  years  we  had  neither  gym- 
nasium nor  playgrounds ;  our  rented  house  (built  for  a  single  family) 
has  been  crowded,  and  therefore  imperfectly  ventilated;  nearly 
every  day  a  boy  or  girl  was  sick  in  bed,  sometimes  two  or  three  at 
once.  There  was  more  than  one  severe  and  protracted  case  of  ill- 
ness, threatening  a  fatal  termination.  The  sickness  prevalent  du- 
ring the  past  four  years  must  be,  in  a  great  measure,  attributed  to 
defective  ventilation,  crowded  rooms  and  deficient  exercise ;  for  the 
school,  in  all  other  respects,  was  situated  and  managed  as  in  1857. 
These  causes  of  sickness  and  debility  might  have  been  wholly  or 
partially  removed  in  a  properly  constructed  building,  surrounded 
with  adequate  grounds." 


20 

It  will  become  necessary  for  you  to  ascertain  what  amount  of 
money  is  requisite  to  utilize  this  munificent  donation  to  this  charity 
that  appeals  so  touchingly  for  support.  That  you  will  generously 
respond  I  have  no  doubt. 

CRIMINAL    LAW. 

It  is  a  question  well  worthy  of  your  consideration,  whether  a 
thorough  revision  of  the  Criminal  Law,  and  especially  the  Criminal 
Practice,  might  not  result  in  a  very  perceptible  dimunition  of  the 
costs  attending  the  prosecution  of  criminals.  If  a  plan  could  be 
devised  by  which  criminals  could  be  brought  to  a  more  speedy  trial, 
the  saving  would  be  immense  in  the  way  of  jail  fees  and  costs  of 
State  witnesses.  It  may  well  be  doubted  whether  the  provision  of 
Section  5208  of  the  Co^e,  permitting  a  prisoner  one  continuance, 
upon  his  own  affidavit  alone,  that  there  is  "  too  great  excitement  to 
his  prejudice,  to  come  to  trial  at  the  first  term  at  which  the  case  is 
regularly  triable,"  is  not  productive  of  more  evil  than  good. 

Unscrupulous  prisoners  universally  avail  themselves  of  this  pro- 
vision of  the  section  referred  to,  merely  to  gain  a  term,  when  in  fact 
no  such  excitement  exist. 

While  the  prisoner  should  be  allowed  to  continue,  when  there  is 
too  much  prejudice  for  him  to  safely  go  to  trial,  yet  the  privilege 
could  be  guarded  by  requiring  the  affidavit  of  disinterested  parties 
to  the  fact,  and  thus  put  it  beyond  the  power  of  such  unscrupulous 
persons  to  postpone  their  trial  upon  a  mere  personal  affidavit,  in.  cases 
where,  in  fact,  no  sufficient  excitement  exists.  It  is  believed  that 
such  modification  of  the  section  referred  to,  would  protect  the  rights 
of  the  prisoner,  and  at  the  same  time  prevent  a  large  amount  of  cost 
against  the  State. 

And,  appropos  to  this  general  subject,  I  desire  to  call  your  atten- 
tion to  the  question  of 

THE    PLEA   OF    INSANITY    IN   CRIMINAL   CASES. 

It  is  a  subject  of  extreme  delicacy,  but  of  great  and  increasing 
importance  to  society.  It  shocks  every  sentiment  of  justice  to  pun- 
ish a  human  being  for  an  act  which  is  the  result  of  mental  derange- 
ment rather  than  of  moral  depravity.  And  yet,  it  may  well  be 
doubted  whether  this  very  sentiment  is  not  rapidly  leading  to  another 
extreme  in  the  administration  of  the  criminal  law  in  American 


21 

>  * 

courts.  Society,  as  well  as  the  individual,  is  vitally  interested,  and 
should,  by  all  means  consistent  with  justice  to  the  accused,  be  pro 
teeted  by  the  Legislative  Department. 

In  the  absence  of  any  special  legislation  in  Tennessee,  the  Su- 
preme Court  has  held,  under  its  opinion  of  the  weight  of  American 
authorities  on  this  subject,  that  in  felony  cases  the  existence  of  a 
reasonable  doubt  of  the  sanity  of  the  accused,  when  the  act  with 
which  he  is  charged  was  committed,  entitles  him  to  acquittal  and 
discharge,  notwithstanding  the  proof  otherwise  may  be  full  and 
complete  against  him.  It  is  not  my  purpose  to  discuss  the  sound- 
ness of  this  ruling,  but  only  to  call  your  attention  to  the  subject 
and  suggest  the  question,  whether  this  rule,  founded  in  extreme  ten- 
derness, for  the  life  and  liberty  of  the  citizen,  should  be  extended 
farther  than  cases  of  capital  felonies ;  and  whether  in  all  inferior 
grades  of  offenses  the  plea  of  insanity  should  not  be  sustained  by 
satisfactory  evidence,  like  all  other  pleas. 

But  however  you  may  dispose  of  this  question,  I  most  earnestly 
recommend  that  you  require  that  in  cases  of  acquittal,  upon  the  plea 
of  insanity,  the  jury  shall  so  return  in  their  verdict,  and  that  it  shall 
then  be  made  the  duty  of  the  Court  to  send  the  accused  to  the  In- 
sane Asylum,  only  to  be  discharged  when,  in  the  opinion  of  the 
proper  officers,  all  danger  of  a  return  of  the  malady  is  removed. 
Society  demands  at  least  this  protection. 

CRIMINAL   PROSECUTIONS. 

The  great  expense  attending  the  execution  of  our  criminal  law 
has  been  often  referred  to  by  State  officials,  and  yet  the  evil  is  not 
abated,  but  instead,  the  cost  of  criminal  prosecutions  is,  year  after 
year,  increasing,  until  in  some  localities  the  amount  actually  paid 
out  of  the  Treasury  for  this  purpose,  exceeds  the  entire  revenue  de- 
rived by  the  State  from  that  locality,  and  we  have  the  strange  ano- 
maly presented  to  us,  of  the  crime  of  a  community,  proving  a  source 
of  revenue  to  that  community.  The  Comptroller's  report  will  show 
an  alarming  increase  in  the  cost  of  criminal  prosecutions.  It  is  be- 
lieved that  more  stringent  provisions  for  the  examination  of  bills  of 
cost  by  the  officers  of  the  Criminal  Courts  should  be  made  and  en- 
forced. In  other  States,  the  system  of  requiring  the  several  coun- 
ties to  pay  the  costs  of  their  criminal  prosecutions,  has  had  a  most 
beneficial  effect,  and  I  would  urge  upon  the  General  Assembly  the 


22 

adoption  of  that  system,  inasmuch  as  it  brings  home  to  the  immedi- 
ate notice  of  the  tax  payers,  the  expense  of  such  prosecutions,  and 
the  irregularities  and  impositions  practiced  in  making  up  these  bills 
of  cost.  The  conveyance  of  prisoners  after  conviction  to  the  peni- 
tentiary, is  also  attended  with  more  cost  than  is  necessary,  and,might, 
perhaps,  be  to  some  extent  avoided  by  adapting  the  pay  of  officers 
and  guards,  and  the  rates  of  mileage  to  the  cheapened  mode  of 
travel. 

REWARDS   FOR   FUGITIVES. 

It  is  too  much  the  case,  that  officers  of  the  State  neglect  to  use  the 
proper  efforts  to  arrest  parties  charged  with  crime,  and  unfortunately 
it  too  often  appears,  that  it  is  only  after  a  reward  has  been  offered 
that  an  arrest  can  be  effected.  In  order  to  prevent  the  escape  of 
criminals,  I  have  been  forced  to  draw  largely  upon  the  Treasury  in 
the  shape  of  rewards,  but  I  have  attempted  to  limit  them  to  such 
cases  only  as  could  not  be  reached  by  ordinary  process.  When  other 
means  have  failed  to  arrest  fugitives  from  justice,  I  have  had  re- 
course to  the  plan  of  offering  rewards  without  publication,  and  giv- 
ing information  of  the  fact  to  such  persons  only  as  were  reliable  and 
ready  to  undertake  the  duty  ot  arresting  the  fugitive.  The  adver- 
tisement of  a  reward  often  defeats  its  object,  in  notifying  the  crim- 
inals that  this  additional  inducement  was  offered  for  h's  capture,  and 
he  is  thus  put  on  his  guard.  Complaints  are  frequently  made  to 
this  office  of  the  want  of  dispatch  and  efficiency  in  the  execution  of 
capiases  and  other  process  for  criminals.  It  is  my  duty  to  state  the 
iact  and  leave  it  to  y our  judgment  to  devise  a  remedy. 

COUNTY   WORK    HOUSES. 

The  last  General  Assembly  very  favorably  considered  the  recom- 
mendations tf'of  this  system,  as  a  means  of  preventing  crime  and 
economising  the  cost  of  administering  the  criminal  law. 

But  the  measure  was  not  adopted.  More  deeply  impressed  now 
than  ever  of  the  salutary  effect  of  a  carefully  prepared  and  well  ex- 
ecuted law,  providing  for  the  establishment  by  the  counties  of  work- 
houses, for  the  punishment  of  misdemeanors  and  petit  larceny,  I  re- 
new the  recommendation  on  that  subject  made  to  the  37th  General 
Assembly. 

By  the  establishment  of  a  proper  system  of  work-houses  in  each 


23 

couuty  the  State  might  be  relieved  of  the  greater  part  of  this 
burden. 

More  than  one-third  of  the  740  inmates  now  in  the  State  Prison 
are  undergoing  punishment  for  the  crime  of  petit  larceny. 

I  would  respectfully  recommend  that  the  criminal  laws  be  so 
amended  as  to  provide  for  the  punishment  of  this  offense  as  well  as 
others  of  the  same  grade,  as  well  as  all  cases  of  misdemeanor,  by 
confinement  and  labor  in  the  several  counties  where  the  law  may 
have  been  violated.  By  labor  upon  the  public  roads,  bridges  and 
buildings,  the  prisoners  may  be  made  to  reimburse  the  county  for 
the  expense  of  their  confinement,  and  the  cost  of  conviction,  which 
ought,  in  the  first  instance,  to  be  paid  out  of  the  county  revenue. 

PUBLIC   ROADS. 

It  would  scarcely  be  possible  to  devise  a  worse  system  than  we 
now  have  for  the  laying  out  and  improvement  of  our  country  roads. 
Bad  as  the  law  is,  it  is  not  executed.  Next  to  a  preservation  of  the 
peace  of  society,  there  is  nc  question  in  which  the  people  of  the  State 
are  more  vitally  interested.  Many  localities  are  dependent  alone 
upon  the  common  "  dirt  road  "  for  their  channels  of  trade  and  com- 
merce. They  can  reach  their  schools  and  school  houses,  and  their 
churches  and  markets  alone,  over  this  class  of  thoroughfares.  In 
winter  they  are  often  impassable,  and  the  farmer  is  denied  a  market 
for  his  produce  when  most  in  demand  and  commanding  the  best 
prices.  Labor  fails  in  this  way  to  meet  its  just  reward,  and,  in  the 
midst  of  discouragement,  is  paralyzed.  The  result  is  produce  rots 
on  the  spot  where  it  grew,  and  lands  are  not  improved  and  cultiva- 
ted to  the  measure  of  their  capacity. 

The  remedy  lies  in  not  only  improving  the  law,  but  in  affording 
ample  facilities  for  its  execution,  and  providing  adequate  penalties, 
without  discretion  in  their  visitation,  against  those  who  fail  to  meet 
its  requirements. 

Some  of  the  evils  might  be  remedied  by  the  appointment  of  a 
Road  Commissioner  or  Commissioners  for  each  county,  charged 
with  the  duty  of  having  the  road  law  enforced,  and  reporting  its 
violation.  If  authorized  by  law  to  do  so,  many  of  the  counties 
would,  doubtless,  assess  a  tax  to  sustain  their  roads. 

TURNPJKE   ROADS. 

By  resolution  of  the  last  General  Assembly,  the  Act  of  March  12, 


24 

I860,  requiring  the  Governor,  Secretary  of  State  and  Comptroller, 
to  sell  the  "  State's  stock"  in  the  Turnpike  roads  of  the  State,  was 
directed  to  be  executed.  In  accordance  therewith,  and  in  the  absence 
of  any  specific  instructions,  contained  in  the  Act  referred  to,  the 
aforesaid  officers  advertised  for  proposals  to  purchase. 

Bids  were  made  for  some  of  the  roads.  For  many  of  them  we 
had  no  propositions  to  purchase.  In  the  exercise  of  the  discretion 
implied  by  the  power  conferred,  we  rejected  all  the  proposals  and 
withdrew  the  roads  from  sale,  chiefly  because  of  the  inadequacy  of 
the  prices  offered.  And  in  this  action,  we  were  influenced  by  the 
consideration,  that  the  Act  conferred  upon  us  no  power  to  require 
from  purchasers  a  guarantee,  that  the  roads  should  be  maintained 
for  the  use  and  benefit  of  the  people  of  the  State  in  accordance  with 
the  terms  of  the  charter.  We  deemed  it  of  greater  importance  to 
the  State,  and  her  people,  that  the  roads  should  be  preserved  and 
improved,  than  that  the  Treasury  should  receive  the  small  sums  of- 
fered with  the  risk  of  losing  the  road.  The  fact  should  not  be  over- 
looked, that  the  destruction  of  some  of  the  roads  would  promote  the 
interests  of  other  thoroughfares.  And  while  there  is  no  evidence 
of  any  sinister  designs  against  them,  the  contingency  should  be 
guarded  by  proper  legislation. 

It  would  be  far  better  to  donate  the  State's  interest  in  the  turn- 
pikes, to  the  several  counties  through  which  they  run,  with  a  guar- 
antee that  they  may  be  maintained  according  to  the  provisions  of 
the  charters,  than  to  accept  the  prices  offered  without  such  guar- 
antee. 

I  therefore  recommend  that  the  disposition  of  roads  be  pro- 
vided for  in  such  manner,  as  that  they  shall  be  secured  and  preserved 
as  thoroughfares  of  travel  to  the  public,  and  with  a  view  to  their 
ultimate  improvement. 

The  report  of  the  Secretary  of  State  will  inform  you  how  far  rev- 
enue from  any  of  these  roads  may  be  expected. 

In  accordance  with  chapter  CIX  of  the  Acts  of  1871,  the  officers 
therein  named,  compromised  the  State's  debt  against  the  Carthage 
and  Hartsville  Turnpike  Company,  with  the  other  creditors  of  that 
corporation  at  $4,000  in  the  bonds  of  the  State,  with  the  coupons  of 
July  1,  1869,  and  subsequent  coupons  attached,  besides  paying  the 
counsel  fees  of  the  State. 

The  minimun  of  compromise  prescribed   by   the  Act  was  $3,000. 


25 

•  ***          •  - ' . 

BONDS   OF   PTJBMC   OFFICERS. 

The  Supreme  Court  of  Tennessee  held  last  winter,  in  the-  case  of 
the  State  for  the  use  of  Terry,  Walsh  and  others  vs.  Blakemore  and 
others,  that  when  the  sureties  upon  an  official  bond  had  paid  for  the 
principal,  an  amount  equal  -io  the  penalty  of  the  bond, 
that  they  Avere  exonerated  from  further  liabilities,  regardless 
of  the  amount  of  the  principal's  defalcation.  Under  this 
ruling,  we  are  about  losing  a  large  amount  of  revenue 
from  defaulting  clerks  and  other  revenue  collectors.  To  re- 
medy this  evil,  in  the  future,  I  recommend  that  all  officers,  who 
are  charged  with  the  collection  of  public  revenue,  be  required  to  ex- 
ecute bond  in  such  penalty  as  will  certainly  cover  the  whole  amount 
of  revenue  which  may  come  into  their  hands  ;  or,  if  thought  best, 
that  no  amount  be  named  in  the  bond  as  penalty,  but  instead,  that 
the  law  specially  provide  that  the  sureties  shall  be  responsible,  like 
their  principals,  for  all  his  delinquences,  no  matter  to  what  extent 
or  amount. 

And  I  suggest  that  the  public  interest  would  be  greatly  enhanced 
and  subserved  if  this  feature  should  be  made  to  apply  to  the  bonds 
of  guardians,  trustees,  etc.,  as  well  as  collecting  and  other  public 
officers. 

Before  leaving  this  subject,  I  beg  to  suggest  that  when  bonds  of 
public  officers  are  executed,  and  accepted  by  the  court  charged  with  the 
duty  of  approving  them,  that  they  become  "  eo  instanti"  a  lien  upon 
all  the  lands,  tenements  and  hereditaments  of:  the  bondsmen  of  the 
same  dignity,  force  and  effect  as  regularly  executed  and  registered 
mortgages,  to  continue  until  the  liability  created  by  the  bond  is 
discharged. 

INSURANCE   AND   INSURANCE  COMPANIES. 

Complaints  are  made  by  our  Home  Insurance  Companies  that  our 
laws,  requiring  deposits  to  be  made  by  companies  from  other  States, 
are  oppressive.  The  objection  urged  is  that,  while  the  amount  of 
bonds  required  to  be  deposited  afiords  but  little  security  to  policy 
holders,  the  retaliatory  laws  of  other  States  impose  a  great  hardship 
upon  our  companies,  when  they  propose  to  do  business  beyond  the 
limits  of  Tennessee.  It  is  urged  too  that  the  tax  now  imposed  upon 
Insurance  Companies  operates  as  a  prohibition  to  many  companies 
to  enter  the  State,  w'nile  others  are  evading- the  law.  I  .have  not 


26 

had  an  opportunity  to  give  the  subject  sufficient  investigation  to 
make  any  recommendations  further  than  to  state  that  the  deposits- 
should  either  be  increased  or  altogether  abolished.  It  now  affords 
but  little  protection* 

THE    CAPITOL   BUILDING   AND    GROUNDS. 

Some  appropriation  will  be  necessary  to  preserve  the  Capitol. 
The  sashes  are  decaying  and  must  soon  be  renewed.  The  furn- 
aces in  the  basement  are  useless,  and  it  believed  that  good  furnaces 
would  not  only  make  the  building  more  comfortable  and  healthy, 
but  would  tend  to  preserve  it  from  the  effects  of  moisture.  Some 
of  the  stones  in  the  body  of  the  building.,-;;«s  well  as  the  flagging 
and  steps,  are  in  a  state  of  decay,  and  unless  means  can  be  devised 
to  arrest  this  decay,  much  expense  may  be  required  to  repair  the 
damage. 

The  improvements  on  the  Capitol  grounds  have  progressed  very 
satisfactorily,  and  should  be  pushed  to  completion  as-rapidly  as  pos- 
sible. Specific  authority  should  be  conferred  upon  the  Superintend- 
ent of  the  Prison,  or  upon  some  other  officer,  to  give  direction  to 
and  control  the  work. 

The  Superintendent  of  the  Capitol  has  faithfully  labored  in  the 
discharge  of  his  duties,  and  accomplished  much  in  preserving  the 
public  property  at  a  reduced  rate  of  expenditure. 

AGRICULTURAL   BUREAU. 

This  department  of  industry,  upon  which  all  other  interests  are 
dependent,  is,  at  last,  receiving  the  attention  its  importance  de- 
mands. The  Bureau,  organized  under  the  Act  of  the  14th  of  De- 
cember, 1871,  has  entered  upon  its  duties  with  a  degree  of  zeal  and 
energy  that  promises  the  most  valuable  results,  not  only  for  the  im- 
mediate benefit  of  the  agriculturalist,  but  in  the  interest  of  immigra- 
tion and  mining.  They  have  been  for  some  time,  and  are  now, 
compiling  statistics  of  soil,  climate,  population,  prices  of  land  and 
labor,  mineral  resources,  etc.,  together  with  maps,  which,  when  com- 
pleted and  published,  it  is  believed  will  attract  attention,  more  di- 
rectly to  Tennessee,  than  any  other  means  yet  devised  for  that  pur- 
pose. They  are  affording  facilities,  too,  for  the  analysis  of  soils  and 
commercial  fertilizers,  which  must  result  in  incalculable  benefit  to 
the  farmer.  Their  report  will  be  laid  before  you  during  your  ses-. 


2* 

sion.     Such,  appropriations  should  be  made  as  will   enable  the  Bar 
reru  to  prosecute  its  labors  successfully. 

LABOR   AND   CAPITAL. 

The  surest  means. of  securing  au  influx  o* -labor  and  capital,  is  to 
adjust  our  finances,  so  that  the  rate  of  taxation  may  become  fixed 
and  uniform,  and  our  credit  restored,  to  provide  good  schools,  to 
make  the  laws  and  their  administration  effective  for  the  protection 
of  life,  liberty  and  property,  and  then  give  this  information  to  the 
world  in  an  impressive  and  convincing  form.  Capital  is  timid  and 
will  not  seek  investment  in  a  State  or  Government  whose  credit  is 
impaired,  or  whose  finances  are  unsettled.  Labor  must  be  fostered 
by  capital^.and  protected  by  law.  Cheap  land  is  not  the  only  in- 
ducement to  immigration.  The  tide  of  immigration  will  always 
flow  to  localities  offering  the  greatest  advantages  of  soil,  climate, 
wages,  cheap  living  and  free  education.  We  have  the  great  North- 
wesf  to  compete  with.  And  although  we  o.Se£; higher  inducements 
in  climate,  and  perhaps  in  the  price  of  labor,  yet,  in  everything  else, 
we  are  under  disadvantages  that  we  must  surmount.  I  have  no 
report  yet  from  from  the  Emigration  Bureau,  and  when  it  is  re- 
ceived, I  may  make  of  this  subject  a  special  communication. 

THE    COTTON    TAX. 

The  37th  General  Assembly  adopted  a  series  of  resolutions  in- 
structing our  Senators  and  requesting  our  Representatives  in  Con- 
gress to  introduce  and  support  such  measures  during  their  next  ses 
sion  as  would  cause  to  be  refunded,  without  delay,  to  the  people  of 
the  cotton  growing  States,  the  tax  imposed  and  collected  upon  cot- 
ton for  the  years  1865,  1866  and  1867.  A  bill  for  that  purpose  has 
passed  two  readings  in  the  House  of  Representatives  and  is  now 
before  the  Committee  on  Ways  and  Means.  The  second,  section  of 
the  bill  provides,  among  other  things,  "That  the  Secretary  of  the 
Treasury  of  the  United  States,  when  said  bonds  shall  have  been 
authenticated  as  aforesaid,  shall  be  authorized,  and  he  is  hereby 
required  and  directed  to  turn  over  and  deliver  to  the  several  Gov- 
ernors, or  other  authorized  agents  of  the  several  States  and  Territo- 
ries herein  mentioued,bonds  equaling  in  amount  the  amounts  claimed 
by  the  United  States  from  tax  on  cotton  in  tue  several  States,  tor 
*  *  '  *  *  *  # 


28 

ToTennessee,  $873,460.71,  *  *  *  * 

to  be  held  by  said  States  to  be  refunded  and  distributed  to  the  par- 
ties who  actually  paid  said  tax,  either 'in  full  or  in  part  'pro  rata  ' 
as  circumstances  may  require  or  otherwise  to  be  disposed  of  as  the 
several  Legislatures  may  direct  by  law,  if  it  shall  be  lound  impracti- 
cable to  refund  or  distribute  said  several  amounts  as  aforesaid, 
among  the  parties  who  actually  paid  said  tax,  with  authority  to  the 
Secretary^  of  the  Treasury  to  use  currency  to  pay  fractions  of  one 
hundred  dollars  in  all  settlements  with  said  States." 

It  is  well  known  that  the  farmer  seldom  paid  the  tax  directly  to 
the  Government  agent.  He  generally -scl<i  his  crop  to  the  cotton 
buyers,  at  the  market  price  less  the  Cotton  Tax,  the  cotton  buyer  re- 
taining the  amount  of  the  cotton  tax  out  of  the  market  value  of  the 
cotton  to  pay  to  the  Revenue  officers. 

Then  who  lost  the  amount  of  the  tax  ?  Certainly  the  producer — 
the  farmer.  And  it  was  upon  him  and  not  upon  the  factor,  or  buyer, 
that  the  tax  operated  as  a  burden. 

You  will  doubtless  concur  with  me  theft  that  the  tax  should  be 
refunded  to  tfye  producers. 

I  therefore  recommend  that  you  instruct  our  Senators  and  request 
our  Representatives  in  Congress  to  procure,  if  possible,  such  an 
amendment  to  the  bill  as  will  secure  the  refunding  of  the  tax  to  the 
producer,  as  least  so  far  as  Tennessee  is  concerned.  That  will  re- 
move all  doubt  as  to  the  construction  of  the  language" "actually 
paid,"  and  place  the  rights  of  the  produce*  beyond  hazard. 

OUR /TEDEBAL    DEBT. 

The  extra  session  of  the  Thirty-Seventh  General  Assembly,  by  an 
Act  passed  the  30th  day  ofMafccn,  1872,  authorized  and  empowered 
the  Executive  to  settle  the  mutual  demands  between  the  State  and 
General  Governments  growing  out  of  railroad  claims.  Ill  health 
prevented  me  from  visiting  Washington  /City  during  the  summer, 
and  I  therefore  sent '-an  agenljj  fully  empowered  to  treat  with  the 
Quartermaster  General.  After  a  full  investigation  of  the  state  of 
accounts,  he  addressed  the  Quartermaster  General  a  communication, 
to  which  he  received  the  accompanying  reply,  which  is  a  denial  of 
all  credits  claimed  by  the  State,  upon  the  ground  that  existing  laws 
did  not  permit  or  authorize  the  allowing  of  such  credits.  This  con- 
struction of  the  Acts  of  Congress  .placed  it  beyond  my  power  to 


29.- 

procure  any  settlement  without  further  legislation.  Congress  was 
on  the  eve  of  adjourning,  and  nothing  could  then  be  done.  When 
that  body  convened  in  December  last,  I  procured  the  introduction  of 
a  bill  in  the  House  of  Representatives,  which  passed  its  second 
reading  and  was  referred  to  the  Appropriate  Committee,  where  it  is 
now  being  considered.  A  copy  of  the  Bill,  with  the  correspondence 
and  accompanying  documents  are  herewith  transmitted  for  your  in- 
formation,, and  for  your  further  action.  If  the  Bill  is  passed;  as  I 
hope  it  may  be,  there  will  be  no  difficulty  in  adjusting  the  claims 
without  the  payment  of  any  money.  No  appropriation  was  made  to 
pay  the  expenses  of  looking  after  this  business,  and  I  ordered  the 
expenses  of  the  agexjt  paid  out  of  the  Treasury,  believing  it  would 
meet  your  approval* 

CONGRESSIONAL  ^REPRESENTATION. 

Under  the  provisions  of  chapter  239  of  the  Acts  of  the  Forty 
Second  Congress,  approved  May  30,  1872,  supplemental  to  the  Gen- 
eral Apportionment  Act,  Tennessee  was  allowed  anadditional  Repre- 
sentative in  Congress,  with  a  proviso  that  this  additional  Represen- 
tative might  be  elected  to  the  Forty-Third  Congress  only,  by  the  vote 
q/  the  State  at  large.,  It  therefore  becomes  your  duty,  if  you  would 
secure  this  tenth  Representative  in  future  elections  to  re-district  the 
State,  so  as  to  constitute  ten  Congressional  Districts  instead  of  nine, 
as  they  now  exist. . 

The  population  of  Tennessee,  according  to  the  ninth  census,  is 
one  million  two  hundred  and  fifty-eight  thousand,  five  hundred  and 
twenty  (1,258,520),  while  the  voting  population  is  two  hundred  and 
fifty-eight  thousand  and  ninety-three  (258,093).  An  exact  appor- 
tionment of  the  aggregate  of  population  between  ten  districts  would 
therefore,  give  to  each  district  one  hundred  and  twenty-five  thou- 
sand eight  hundred  and  fifty-two  (125,852)  inhabitants.  It  is  essen- 
tially your  province  to  distribute  this  representation  over  the  terri- 
tory of  the  State,  as  your  judgment  of  fairness  may  dictate,  preserv- 
ing always,  of  course,  the  integrity  of  counties. 

THE   WASHINGTON   NATIONAL   MONUMENT. 

I  respectfully  transmit  for  your  consideration,  copies  of  Acts  of 
the  States  of  New  York  and  New  Jersey,  with  the  correspondence 
the  Governors  of  those  States,  upon  this  subject. 


30 

RIVER   IMPROVEMENTS. 

The  Governors  .<ff  Pennsylvania,  Ohio,  West  Virginia,  Kentucky., 
Tennessee,  Indiana  and  Illinois,  constituted  a  Commission,  to  devise 
and  consider  measures  for  the  improvement  of  navigation  of  the 
Ohio  River  and  its  tributaries.  Tennessee  is  vitally  interested  in 
the  subject,  especially  so,  as  to  the  Tennessee  and  Cumberland  rivers, 
and  was  well  represented  in  the  commission  by  commercial  men  of 
the  State.  You  are  requested  to  give  this  subject  the  consideration 
its  great  importance  demands,  and  to  unite  with  the  Commission 
memoralizing  Congress,  in  behalf  of  this  great  improvement  in 
which  the  State  has  such  large  interests. 

In  conclusion,  permit  me  to  indulge  the  hope  that  your  delibera- 
tions may  be  characterized  by  wisdom  and  prudence.  While  all  of 
you  are  animated  by  a  desire  to  promote  the  common  good,  yet  you 
may  differ  upon  the  means  of  reaching  that  end.  A  Compromising 
disposition  will  enable  you  to  harmonize  in  results.  Trusting  that 
a  sense  of  duty  to  the  State  may  inspire  such  sentiments,  I  bid  you 
God  speed  in  your  labors. 

JOHN  C.  BROWN, 

Governor. 

EXECUTIVE  OFFICE,  Jan'y  9,  1873. 


•„-  »• 


TO 


42D    CONGRESS,  \  HOUSE    OF    REPRESENTA- \  Mis.    Doc. 

3d    Session.      ]  TIVES.  f      No.  4. 


RELIEF  OF  THE  STATE  OF  TENNESSEE. 
[To  accompany  bill  H.  R.  No.  3000.] 


FA.PEES 

RELATIVE   TO 


CLAIM    FOR    RELIEF 

FROM 

THE  STATE  OF  TENNESSEE. 


DECEMBER  3,  1872. — Referred  to   the  Committee  on  the  Judi- 
ciary and  ordered  to  be  printed. 


EXECUTIVE  OFFICE,  ) 

Nashville,  Tennessee,  November  23,  1872.  / 

DEAR  SIR  :  As  you  have  just  been  elected  a  Representative  in 
Congress,  by  the  general  vote  of  the  State,  I  make  free  to  invoke 
your  active  and  earnest  co-operation  in  securing  legislation  in  behalf 
of  the  State  of  Tennessee. 

You  will  perceive  from  an  examination  of  the  inclosures,  that  the 
United  States  Government  holds  three  bonds,  executed  by  Governor 
Brownlow  the  1st  of  June,  1866,  for  $337,993.73,  $94,142.85,  and 
$21,661.73,  respectively,  and  all  bearing  interest  at  the  rate  of  7 
3-10  per  cent,  per  annum.  The  stated  account  from  the  Quarter- 
master-General's office  shows  the  credits  that  have  been  given  for 
postal  service,  and  the  credits  on  that  account,  still  to  be  applied, 
are  not  in  dispute. 
3 


IV. 

The  proof  is  abundant  that  the  property,  for  the  price  of  which 
these  bonds  were  executed,  was  purchased  and  placed  upon  the 
Memphis,  Clarksville  and  Louisville  Railroad,  and  the  Edgefield 
and  Kentucky  Railroad,  by  the  receivers  of  said  roads,  and  for  the 
owners  of  said  roads.  The  State  was  not  a,  party  to  the  purchase 
and  sale.  The  companies  failed  to  execute  bonds,  and  the  General 
Assembly  passed  an  Act  authorizing  the  Governor  to  execute  bonds 
to  prevent  the  seizure  and  removal  of  the  rolling-stock  by  the 
agents  of  the  United  States  Government.  And  the  Governor  did 
execute  the  bonds  above  alluded  to.  The  property  was  at  Nash- 
ville when  it  was  sold.  The  contract  was  made  at  Nashville,  and 
the  bond  was  executed  at  Nashville. 

You  will  see  from  examination  of  a  letter  of  the  Quartermaster- 
General,  addressed  to  an  agent  sent  by  me  to  Washington  City,  last 
summer,  (a  copy  of  which  is  herewith  enclosed,)  that  instructions 
have  been  given  to  institute  suits  on  the  bonds. 

The  General  Assembly  of  Tennessee,  last  winter,  passed  an  Act 
authorizing  the  Governor  to  settle  all  claims  with  the  United  States 
Government,  and  I  am  very  anxious  to  do  so.  But  you  will  see, 
from  the  Quartermaster-General's  letter,  that  he  does  not  feel  au- 
thorized to  allow  any  credits  except  for  postal  service. 

I  think  the  State  is  entitled  to  abatements  and  credits  as  follows : 
1st.  In  abatement  in  price  of  railroad  material  and  rolling-stock, 
for  which  the  bonds  were  executed,  to  the  actual  value  of  the  prop- 
erty at  the  date  of  sale,  that  value  to  be  ascertained  by  proof. 

2d.  For  the  value  of  all  bridges  and  other  property  on  the  Mem- 
phis, Clarksville  and  Louisville  Railroad,  and  the  Edgefield  and 
Kentucky  road,  by  the  United  States  Government. 

3d.  For  the  value  of  the  rail?*,  cross-ties,  and  other  railway 
material,  removed  from  the  Winchester  and  Alabama  Railroad  by 
the  authorities  of  the  United  States  Government. 

The  justice  and  equity  of  the  first  proposition  becomes  apparent, 
when  I  assure  you  that  the  evidence  is  abundant  and  reliable  that 
the  prices  affixed  to  the  property  were  generally  100  per  cent,  above 
the  market  value.  The  State  was  not  a  party  to  the  contract.  The 
Nashville  and  Chattanooga  road  obtained  an  abatement  of  nearly 
100  per  cent,  upon  a  similar  purchase  made  at  or  near  the  same  time. 
Other  roads  have  obtained  similar  abatements.  The  bonds  are  not 
collectable  because  they  have,  upon  their  face,  an  illegal  rate  of  in- 


V. 

terest.  The  bonds  were  made  and  signed  in  Tennessee.  The  prop- 
erty was  at  Xa  .hville,  and  the  contracts  made  there.  Therefore  I 
think  the  law  and  justice  of  the  case  is  with  us.  Under  the  law,  if 
the  State  cannot  be  made  liable  upon  the  bonds,  there  is  no  liability 
against  her.  But  there  is  no  desire  to  make  this  question.  We 
only  wish  a  fair  and  equitable  adjustment. 

Upon  the  second  proposition,  permit  me  to  say  that  the  Memphis, 
Clarksville  and  Louisville  Railroad,  and  the  Edgefield  and  Ken- 
tucky road,  were  in  the  hands  of  receivers  appointed  under  the  in- 
ternal improvement  laws  of  Tennessee,  at  the  time  they  were  seized 
by  the  military  authorities  of  the  United  States  Government. 
Bridges  were  afterward  destroyed,  as  well  as  other  property,  by  the 
United  States  authorities,  and  rolling-stock  and  other  property  re- 
moved and  appropriated  by  the  Government.  And  whether,  as  an 
original  proposition,  the  companies  of  the  State  would  or  should  re- 
cover anything  from  the  United  States  Government,  is  not  the 
question.  The  point  is,  that  the  State  having  already  lost  over 
$3,000,000  by  these  roads,  is  it  not  right  that  the  credit  should  be 
allowed  as  against  such  a  demand  as  is  now  made  against  her  ?  I 
think  she  ought.  The  claim  is  on  file  in  the  Department,  well  for- 
tified by  proof. 

As  to  the  third  proposition,  I  must  inform  you  that  the  Winchester 
and  Alabama  Railroad  was  in  the  hands  of  a  receiver,  under  the  in- 
ternal improvement  laws,  at  the  time  it  was  seized  by  the  military 
authorities  of  the  United  States  Government  in  1863.  This  road 
was  about  thirty  miles  in  length,  and  had  been  built  only  two  or 
three  years;  the  track  was  laid  of  the  best  English  rail.  The  mili- 
tary authorities  having  but  little  use  for  the  road,  took  up  and  re- 
moved the  rails,  cross-ties,  etc.,  to  another  road,  and  used  them  du- 
ring the  war,  and  they  have  never  been  returned,  and  no  compen- 
sation allowed  from  any  source.  After  the  war,  the  General 
Assembly  loaned  the  credit  of  the  State  to  that  road  to  purchase 
iron  and  relay  their  track,  and  to  purchase  rolling-stock.  The 
road  has  since  been  sold  for  $300,000,  and  the  State  loses  nearly 
$1,000,000  entirely.  But  before  the  sale  the  directors  of  the  road 
filed  their  claim  against  the  Government  and  proved  it,  and  then 
assigned  to  the  State,  as  a  payment  in  part  of  their  indebtedness  to 
the  State.  You  will  find  the  claim,  amounting  to  over  $300,000,  in 
the  proper  Department. 


YI. 

I  can  see  no  good  reason  why  this  claim  cannot  or  should  not  be 
allowed. 

To  meet  the  objection  urged  by  the  Qurtermaster-General,  I  pro- 
pose that  an  appeal  be  made  to  Congress  for  an  enabling  act,  and 
inclosed  you  have  a  hastily  drawn  bill,  which  I  beg  of  you  to  re- 
form, (if  you  think  necessary,)  and  introduce  at  the  opening  of  the 
session  in  December  proximo,  and  press  its  passage. 

You  would  render  a  great  service  to  the  State  if  you  could  get  the 
matter  adjusted,  or  rather  secure  legislation  that  would  result  in  a 
speedy  adjustment.  I  will  either  visit  Washington,  or  send  an 
agent,  it  you  think  it  necessary  or  desirable. 

I  have  written  very  hastily,  and  without  much  reflection.  I 
feel  sure,  however,  that  all  the  important  facts  are  furnished. 
Please  write  me  your  opinion,  as  well  as  the  progress  of  the  business. 

Very  respectfully,  your  obedient  servant, 

JNO.  C.  BROWN, 

Governor* 

Hon.  HORACE  MAYNABD, 

Knoxville,  Tennessee. 


QUARTERMASTER-GENERAL'S  OFFICE,      ) 
Washington,  D.  C.,  July  3,  1872.  ] 

SIR:  In  reply  to  your  letter  of  the  28th  ultimo,  I  have  to  state 
that  the  State  of  Tennessee  is  indebted  to  the  United  State  for  roll- 
inf-stock  and  railway  material,  purchased  in  1865  for  the  Memphis, 
Clarksville  and  Louisville  Railroad,  in  the  sum  of  $454,613.37,  and 
for  rolling-stock  and  railway  material,  purchased  for  the  Edgefield 
and  Kentucky  Railroad,  $170,481.81,  making  the  total  due  July  1, 
1872,  $625,095.18. 

'  These  debts  were  incurred  by  the  receivers  fbr  the  State  of  the 
respective  roads,  Mr.  George  T.  Lewis  being  the  purchaser,  receiver, 
and  purchasing  for  the  Memphis,  Clarksville  and  Louisville  Rail- 
road, and  Mr.  R.  B.  Cheatham  being  the  receiver,  and  purchasing 
for  the  Edgefield  and  Kentucky  Railroad.  The  property  was  sold 
the  State  for  those  roads,  and  to  other  roads  in  Tennessee  and  else- 


VII. 

where,  under  the  provisions  and  upon  the  conditions  of  Executive  or- 
ders of  August  8  and  October  14,  1865.  Copies  inclosed. 

Bonds  were  executed  by  the  Governor  of  the  State,  under  the  ex- 
press authority  of  the  Legislature  thereof  for  the  payment  of  the 
debts.  Copies  inclosed. 

I  inclose,  as  requested,  statements  of  the  accounts  with  the  roads 
above  named  to  July  1,  1872,  showing  the  debts  and  credits. 

The  Memphis,  Clarksville  and  Louisville  Railroad  has  presented 
a  claim  against  the  United  States  for  use  of  road  and  prop- 
erty taken  and  destroyed  during  the  war,  amounting  to  $232,166.48. 
The  Edgefield  and  Kentucky  Railroad  has  presented  no  claim,  but 
is  understood  to  have  one. 

The  claim  of  the  Memphis,  Clarksville  and  Louisville  Railroad 
has  been  disallowed  by  this  office  for  the  reason  that  the  road  and 
property  belonging  to  it  were  captured  from  a  public  enemy,  and 
thereupon  became  the  property  of  the  United  States,  so  as  to  relieve 
it  from  all  charges  for  its  use  and  destruction.  See  Acts  of  August 
6,  1861,  July  17,  1862,  and  March  12,  1863,  and  for  the  further 
reason,  that  payment  for  use  of  such  property  is  prohibited  by 
law.  See  Acts  of  July  4th,  1864,  and  February  21st,  1867, 
and  Acts  above  named.  The  above  furnishes,  I  believe,  all  the 
information  specifically  called  for  in  relation  to  the  two  roads 
in  your  letter,  but  I  desire  to  add  that  the  debts  are  now 
more  than  four  years  past  due,  and  yet  no  provision  has  been 
made,  so  far  as  this  office  is  informed,  for  their  payment.  This 
Department  is  specifically  charged  by  the  Secretary  of  War  with 
the  collection  of  the  amount  due.  The  bonds  also  require  pay- 
ment to  be  made  to  the  Quartermaster's  Department.  I  shall  there- 
fore be  pleased  if  the  Governor  will  provide  for  the  early  payment 
of  the  debts.  Papers  have  been  prepared  and  submitted  to  the 
Attorney-General  for  the  purpose  of  instituting  suit  against  the 
State  to  recover  the  amount. 

One  of  the  conditions  upon  which  the  property  was  sold  is  that 
the  postal  earnings  shall  be  applied  to  the  liquidation  of  the  debt 
To  carry  it  out  the  Post-Office  Department  requires  that  an  agent 
shall  be  appointed  by  proper  authority  to  give  drafts  or  orders  in 
favor  of  the  Quartermaster's  Department  for  the  amount  due  and  to 
become  due.  The  requirement  in  the  case  of  the  Memphis,  Clarks- 
ville and  Louisville  Railroad  has  been  complied  with,  and  credits 


VIII. 

properly  made,  but  in  the  case  of  the  Edgefield  and  Kentucky  Railroad 
it  has  not  been  complied  with  since  1867  ;  there  is,  therefore,  four  and 
one-half  year's  postal  pay  due  that  road  uncredited.  I  suggest  that 
the  Governor  designate  some  person  as  required  by  the  inclosed  cir- 
cular for  that  pupose,  and  that  the  person  so  appointed  give  Major 
M.  I.  Ludington,  Quartermaster,  United  States  Army,  an  order  on 
the  Postmaster-General  for  the  amount  due,  (the  amount  need  not 
be  actually  stated,)  that  the  same  may  be  placed  to  the  credit  of  the 
road. 

There  is  due  the  United  States  from  the  McMinnville  and  Man- 
chester Railroad  Company  $70,332.86.  Suit  is  pending  against  the 
Company  to  recover  the  amount. 

The  United  States  have  no  claims  against  the  State  of  Tennessee, 
except  those  mentioned  above  for  purchases  of  railway  material. 

I  shall  be  pleased  to  furnish  you  at  any  time  any  further  inform- 
ation you  may  desire. 

Very  respectfully,  your  obedient  servant, 


Quartermaster-General,  Brevet  Major- General  U.  8.  Army. 
Hon.  AXD.  B.  MARTIN, 

Grand  Central  Hotel,  New  York  City. 


RAILROAD  INDEBTEDNESS,  FORM  E. 

The  Eclgefield  and  Kentucky  Railroad  Company,  in  account  with 
the  United  States,  for  railway  material  purchased  under  Execu- 
tive orders. 

DR. 

November  30,  1865,  to  purchases $114,772  86 

June  30,  1872,  interest  and  expenses 57,574  54 


$172,347  40 

CR. 

October  18,  1867,  by  certified  accounts $287  12 

November  25,  1867,  by  certified  accounts 21  56 

January  28,  1868,  by  post-office  warrant 846  22 

February  6,  1868,  by  post-office  warrant 360  00 

October  26,  1867,  by  certified  accounts 16  60 

December  5,  1867,  by  Treasury  award 18  35 

November  18,  1867,  by  Treasury  award 315  74 

1,865  59 


June  30,  1872,  by  balance $170,481  81 

I  certify  that  the  foregoing  statement  is  correct. 

M.  LUDINGTON, 
Quartermaster,  United  States  Army. 
QUARTERMASTER-GENERAL'S  OFFICE, 

Washington,  D.  C.,  July  2,  1872. 


X. 

The  Memphis,  Olarksville  and  Louisville  Railroad  Company,  in 
account  with  the  United  States,  for  railway  material  purchased 
under  Executive  orders. 

DR. 

November  30,  1865,  to  purchases...." $336,932  36 

June  30,  1872,  interest  and   expenses 164,890  99 


$501,823  35 

CR. 

May  10,  1867,  by  certified  accounts $380  30 

June  30,  1867,  by  certified  accounts 52  74 

October  18,  1867,  by  certified  accounts 6  93 

October  31,   1867,  by  cash 2,095  57 

November  7,  1867,  by  certified  accounts...  22  78 

November  30,  1867,  by  cash 2,027  96 

August  4,  1868,  by  post-office   warrant 11,201  43 

February  10,  1869,  by  post-office  warrant,  2,963  26 

February  10,  1869,  by  post-office  warrant,  100  00 

January  6,  1868,  by  Treasury  award 8  20 

July  22,  1868,  by  Treasury  award 4  10 

June  13,  1868,  by  Treasury  warrant 3,973  18 

May  5,  1869,  by  post-office  warrant 1,526  55 

March  26,  1869,  by  cash 244  55 

November  12,  1869,  by  post-office  warrant  3,073  42 

February  2,1870,  by  post-office  warrant...  1,536  71 

May  26,  1870,  by  post-office  warrant 1,546  87 

August  18,  1870,  by   post-office  warrant...  1,546  87 

October  31,  1870,  by  Treasury  warrant 180  84 

August  31,  1871,  by  Treasury   award 280  22 

May  31,  1872,  by  post-office  warrant 14,437  50 

47,209  98 


June  20,1872,  by  balance $154,613  37 

I  certify  that  the  foregoing  statement  is  correct. 

M.  LUDINGTON, 
Quartermaster,  United  States  Army. 
QUARTERMASTER  GENERAL'S  OFFICE, 
Washington,  D.  C.,  July  2,  1872. 


XL 


AN    ACT 
To  incorporate  the  Tennessee  and  Pacific  Railroad  Company. 

*  %  >!«  ^  5)J 

SECTION  57.  jBe  i7  further  enacted,  That  the  Governor  be,  and 
he  is  hereby,  authorized  to  execute  a  bond  (for  the  purchase  of  rail- 
road machinery,  cars,  and  all  other  material  purchased  for  the  use 
and  benefit  of  the  Memphis,  OlarkJsville  and  Louisville  Railroad, 
from  the  United  States  military  railroad  Department  at 
Nashville)  to  the  United  States. 

SECTION  62.  Be  it  further  enacted,  That  this  Act   shall   take  ef- 
fect from  and  after  its  passage. 
Passed  May  24,  1866. 

WM.  HEISKELL, 
Speaker  of  the  House  of  Representatives. 


Speaker  of  the  Senate, 

I,  Andrew  J.  Fletcher,  Secretary  of  State  of  the  State  of  Tennessee, 
do  certify  that  th£  foregoing  is  a  copy  of  so  much  of  an  Act 
of  the  General  Assembly  of  Tennessee,  passed  May  24,  1866,  as  re- 
lates to  the  execution  of  a  bond  by  the  Governor  to  the  United 
States  for  railroad  material,  the  original  of  which  is  now  on  file  in 
the  Clerk  of  the  Senate's  office,  not  signed  by  the  Speaker  of  the 
Senate,  but  is  now  the  law. 

In  testimony  whereof  I  have  hereunto  subscribed  my  official  sig- 
nature, and  by  order  of  the  Governor  affixed  the  great  seal  of  the 
State  of  Tennessee,  at  the  Department,  in  the  city  of  Nashville,  this 
5th  day  of  June,  A.  D.  1866. 

A.  J.  FLETCHER, 

[SEAL.]  Secretary  of  State. 

True  copy. 

M.  LUDINGTON, 

Brevet  Lieutenant-  Colonel  and  Quartermaster  United  States  Army. 


XII. 


BON  I*. 

Know  all  Men  by  these  Presents  : 

That  the  State  of  Tennessee,  by  the  act  of  the  Legislature  of  the 
State  hereto  attached,  and  made  part  hereof  by  Wm.  G.  Brownlow, 
Governor  of  the  State,  for  and  in  behalf  of  the  said  State  of  Ten- 
nessee, does  hereby  acknowledge  itself  held  land  firmly  bound  unto 
the  United  Sfates  of  America,  in  the  full  and  just  sum  of  $94,142.85, 
with  interest  thereon,  at  the  rate  of  7.3  percent,  per  annum,  from 
November  30,  1865,  lawful  money  of  the  United  States,  for  which 
payment,  well  and  truly  to  be  made  to  the  Disbursing  Quartermas- 
ter of  the  United  States  Mil  Italy  Railroads  at  his  office  in  Nash- 
ville, or  to  such  other  Disbursing;Quartermaster  as  may  be  designa- 
ted by  the  War  Department,  within  two  years  from  the  30th  day  of 
November,  A.  D.  1865,  the  said  State  of  Tennessee,  by  its  Gover- 
nor, hereby  binds  itself  and  its  successors  firmly  by  these  presents. 

Sealed  witK  its  great  seal,  attested  by  the  signature  of  its  Gov- 
ernor, and  affixed  jfoy  the  express  authority  of  the  Legislature,  this 
1st  day  of  June,  in  the  year  of  our  Lord  1866. 

The  nature*)f  the  above  obligation  is  such  that-whereas  the  above 
bounden  State  of  Tennessee,  has  purchased  and  received  from  the 
War  Departmenbof  the  United  States,  (for  the  use  of  the  Edgefield 
and  Kentucky  Railroad)  rolling-stock,  iron  rails,  cross  ties,  chairs, 
spikes,  timber,  and  «ither  material  for  repairing  and  operating  said 
road  in  quantities?  at  prices,  and  to  an  amount  and  value  which  shall 
be  evidenced  by  the  receipts  given  for  the  same  by  R.  B.  Cheatham, 
Receiver  on  the  .part  of  the  State  of  Tennessee,  to  the  proper  officer 
of  the  War;:.  Department,  upon  a  credit  of  two  years  from  the  30th 
day  of  November,  A.  D.  1865,  payable. in  equal  monthly  install- 
ments, with  interest,  aA.the  rate  of  7.3  per  cent,  per  annum,  within 
the  said  two  years^either  in  cash  to  the  Disbursing  Quartermaster 
of  the  United  States  Military  Railroads  at  his  office  in  Nashville,  or 
to  such  other  Disbursing  Quartermaster  as  may  be  designated  by 
the  War  Department  for  this  purpose,  or  in  transportation  of  the 
troops  or  military  supplies  of  the  United  States,  under  the  orders  of 


xm; 

the  proper  military  authorities,  at  the  rates  of  fare  and  tolls  allowed1 
for  such  service  to  northern  railroads ;  and  whereas  the  said  State  of 
Tennessee  desires,  and  by  these  presents  intends  to'secure  to  the  Uni- 
ted States,  the  complete  and  punctual  payment,  as  aforesaid,  of  the- 
arnounts- which  may  be  chre-for  the  said  materials  received  by  it  from 
tne  United  States ;  and  whereas  no  payments  have  been  made,  up- 
to  the  date  of  these  presents,  although  large  sums  are  due,  in  ac- 
cordance with  the  terms  of  purchase  of  the  materials  aforesaid  r 
Now,  therefore,  if  the  said  State  of  Tennessee  shall  well  and  truly 
pay  to  the  United  States  of  America  as  aforesaid,  within  thirty  days 
from  the  date  of  these  presents>  all  arrears  of  interest  and  install- 
ments due  the  United  States  upon  the  date  hereof,  to  wit,  the  sum- 
of  twenty-six  thousand  nine  hundred  and  sixty-two  dollars  and  fifty- 
four  cents,  and  shall  thereafter  pay  in  equal  monthly  installments/ 
either  in  cash  or  in  transportation  as  aforesaid,  to  the  United  States, 
within  two  years  from  November  30th,  A.  D.  one-  thousand  eight 
hundred  and  sixty-five,  then  this  obligation  shall  be  void  and  of" 
no  effects  But  if  the  said  State  of  Tennessee  shall  fail  to  pay  to 
the. United  States  all  or  any  portion  of  what  may  be  due  to  the 
United  States  on  account  of  the  said  materials  received  from  the 
United  States,  within  two  years  from  November 'thirtieth,  A.  D.. 
one  thousand  eight  hundred  and  sixty-five,  either  in  cash  as  afore- 
said, or  in  transportation  as  aforesaid,  or  shall  fail  to  pay  any  of  the 
monthly  installments  aforesaid  punctually  when  due,  then  this  obli- 
gation shall  remain  in  full  force  and  effect  to  the  extent  that  may 
be  necessa^  to  fully  repay  to  the  United  States  for  the  full  amount 
which  maybe  due  on'  account  of  the  said  materials  so  received  as 
aforesaid,  and  all  loss  or  damage  which  may  have  been-  incurred  by 
the  United  States,  by  reason  of  the  failure  of  the  said  State  of  Ten- 
nessee to  pay  for  the  same  what  shall  be  due  therefor,  when  the  same 
shall  be  due.  And,  as  a  further  security  for  such  payment  and  in- 
demnity to  the  United  States,  the  United  States  shall  have  a  lien 
upon  the  property  sold  to  said  State  of  Tennessee,  and  in  default  of 
such  complete  and  punctual  payment  of  all  moneys  which  may  be 
due  on  account  of  the  aforesaid  purchase  of  materials,  be  fully  au- 
thorized to  take  possession  of  and  sell  said  property,  and  also  to 
place  in  charge  and  control  of  the  said  Edgefield  and  Kentucky 
Railroad  an  Agent  of  the  said  United  States,  who  shall  be  fully  em- 
powered, and  by  these  presents  is  fully  empowered,  in  case  of  such 


XIV, 

default  as  aforesaid,  to  collect  all  the  revenues  of  the  said  railroad, 
and  apply  the  same  to  the  payment  to  the  United  States  of  all  the 
moneys  which  shall  be  due  at  the  times  of  such  application  of  such 
revenues  to  the  United  States  for  any  such  material  which  shall 
have  been  delivered  by  the  United  States  to  the  said  State  of  Ten- 
nessee for  the  use  of  said  railroad,  or  by  reason  of  any  loss  or  injury 
to  the  United  States,  resulting  from  such  default  in  the  payment  of 
the  «ame. '  And  the  said  State  of  Tennessee  shall  have  no  authority 
to  sell  or  convey  out  of  its  possession  without  the  consent  of  the 
United  States,  first  in  writing  obtained,  any  of  the  property  refer- 
red to  in  this  agreement,  but  shall  hold  and  retain  the  same  to  the 
exclusive  use  of  said  Edgefield  and  Kentucky  Railroad,  in  carrying 
on  the  business  of  transportation  of  persons  and  property  over  its 
line  of  road,  until  the  whole  is  fully  paid  for  as  aforesaid. 

In  witness  whereof  the  great  seal  of  said  State  of  Tennessee  is 
affixed  hereto  by  authority  of  its  Legislature,  and  attested  by  its 
Governor. 

WILLIAM  G.   BROWNLOW, 

Governor  State  of  Tennessee* 

Witness  : 
[SEAL.]        A.  S.  FLETCHER, 

Secretary  of  State. 

Know  aU  Men  by  these  Presents: 

That  the  State  of  Tennessee,  by  the  Act  of  the  Legislature  of  the 
State  hereto  attached  and  made  part  hereof  by  W.  G.  Browulow, 
Governor  of  the  State,  ior  and  in  behalf  of  said  State  of  Tennessee, 
does  hereby  acknowledge  itself  indebted  and  firmly  bound  with  the 
United  States  of  America,  in  the  full  and  just  sum  of  three  hundred 
and  thirty-seven  thousand  nine  hundred  and  ninety-three  dollars 
and  seventy-two  cents,  with  interest  thereon  at  the  rate  of  7  3-10 
percent,  per  annum,  from  November  thirtieth,  eighteen  hundred  and 
sixty- five,  lawful  money  of  the  United  States,  for  which  payment, 
well  and  truly  I©  fee  made  to  the  Disbursing  Quarter  master  of  the 
United  States  Military  Railroads,  at  his  office  in  Nashville,  or  to 
such  other  Disbursing  Quartermaster  as  may  be  designated  by  the 
War  Department,  within  two  years  from  the  thirtieth  day  of  No- 
vember, A.  D.  eighteen  hundred  and  sixty-five,  the  said  State  of 


XV. 

Tennessee,  by  its  Governor,  hereby  binds  itself  and  its  successors 
firmly  by  these  presents,  sealed  with  its  great  seal,. attested  by  the 
signature  of  the  Governor,  and-  affixed  by  the  express  authority  of 
the  legislature,  this  first  day  of  June,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-six. 

Thenatm-e  of  the  above  obligation  is  such  that,  whereas  the  above 
bounden  State  of  Tennessee,  has  purchased  and  received  from  the 
War  Department  of  the  United  States,  for  the  use  of  the  Memphis, 
Clarksville  and  Louisville  Railroadr  rolling-stock,  iron  rails>  cross- 
ties,  chairs,  spikes,  timbers,  and  other  material  for  repairing  and 
operating  said  railroad,  in  quantity  at  prices,  and  to  an  amount  and 
value  which  shall  be  evidenced  by  the  receipts  given  for  the  same  by 
George  T.  Lewis,  Receiver  on  the  part  of  the  State  of  Tennessee,  to 
the  proper  officer  of  the  War  Department,  upon  a  credit  of  two  years 
from  the  thirtieth  (30)  day  of  November,  A.  D.  eighteen  hundred 
and  sixty-five,  payable  in  .equal  monthly  installments  with  interest, 
at  the  rate  of  7  3-10  per  cent,  per  annum  within  the  said  two  years, 
either  in  cash  to  the  Disbursing  Officer  or  Quartermaster  of  the 
United  States  Military  Railroads^  at  his  office  in  Nashville,  or  to 
such  other  Disbursing  Quartermaster  as  may  be  designated  by  the 
War  Department  for  this  purpose,  or  in  transportation  of  the  troops 
or  military  supplies  of  the  United  States,  under  the  orders  of  the 
proper  military  authorities,  at  the  rates  of  fere  and  tolls  allowed  for 
such  service  to  Northern  railroads;  and, 

WHEREAS,  The  said  State  of  Tennessee  desires  and  by  these  pre- 
sents intends  to  secure  to  the  United  States,  the  complete  and  punc- 
tual payment  as  aforesaid  of  the  amounts  which  may  be  due  for  the 
said  material  received  by  it  from  the  United  States ;  and  whereas  no 
payments  have  been  made  np  to  the  date  of  these  presents,  although 
large  sums  are  due  in  accordance  with  the  terms  of  purchase  of  the 
materials  aforesaid : 

Now,  therefore,  if  the  State  of  Tennessee  shall  well  and  truly 
pay  to  the  United  States  of  America  as  aforesaid,  either  in  cash  or 
in  transportation  asaforesaid,within  thirty  (30)  days  from  the  date  of 
these  presents,  all  arrears  of  interest  and  installments  due  the  Uni- 
ted States  upon  the  date  hereof,  to-wit,  the  sum  of  ninety-six  thou- 
sand eight  hundred  and  one  dollars  and  forty-four  cents, 
(896,801.44,)  and  shall  thereafter,  pay  in  equal  monthly  installments, 
either  in  cash  or  in  transportation,  as  aforesaid,  to  the  United 


XVI. 

States,  within  two  years  from  November  thirtieth,  A.  D.  eighteen 
hundred  and  sixty-five,  then  this  obligation  to  be  void  and  of  no 
effect. 

But  if  the  said  State  of  Tennessee  shall  fail  to  pay  to  the  United 
States,  all  or  any  portion-of  what  may  fee  due  to  the  United  States 
on  account  of  the  said  materials  received  from  the  United  States 
within  two  years  from  November  thirtieth,  (30,)  A.  D.  eighteen  hun- 
dred and  sixtyr>five,  either  in  cash  as  aforesaid  or  in  transportation 
as  aforesaid,  or  shall  fail  to  pay  any  of  the  monthly  installments 
aforesaid  punctually  when  due,  then  this  obligation  shall  remain  in 
full  force  and  effect  to  the  extent  that  may  be  necessary,  to  fully  re- 
pay to  the  United  States,  for  the-ifull  amount  which  may  be  due  on 
account  of  the  -  said  materials  so  received  as  aforesaid  ;  and  all  loss 
or  damage  which  may  have  been  incurred  by  the  United  States,  by 
reason  of  the  failure  of  the  State  of  Tennessee,  to  pay  for  the  same 
what  shall  be  due  therefor,  when  the  same  shall  be  due,  and  as  a 
further  security  for  such  payment  and  indemnity  to  the  United 
States,  the  United  States  shall  have  a  lien  upon  the  property  sold  to 
said  State  of  Tennessee,  and  in  default  of  such  complete  and  punc- 
tual payment  of  all  moneys  whiofe  may  be  due  on  account  of  the 
aforesaid  purchase  of  materials,  be  fully  authorized  to  take  posses- 
sion of  and  sell  said  property,  and  also  to  place  in  charge  and  con- 
trol of  the  said  Memphis,  Clarksville  and  Louisville  Railroad,  an 
Agent  of  the  said  United  States,  who  shall  be  fully  empowered,  and 
by  these  presents  is  fully  empowered,  in  case  of  such  default  as 
aforesaid,  to  collect  all  the  revenues  of  the  said  railroad,  and  apply 
the  same  to  the  payment  to  the  United  States  of  all  the  moneys 
which  shall  be  due  at  the  times  of  such  application  of  such  reve- 
nues to  the  United  States  for  any  such  materials  which  shall  have 
been  delivered  by  the  United  States  to  the  said  State  of  Tennessee 
for  the  use  of  said  railroad,  or  by  reason  of  any  loss  or  injury  to  the 
United  States,  resulting  from  such  default  in  the  payment  of  the 
same.  And  the  said  State  of  Tennessee  shall  have  no  authority  to 
sell  or  convey  out  of  its  possession,  without  the  consent  of  the  Uni- 
ted States  first  in  writing  obtained,  any  of  the  property  referred  to 
in  this  agreement,  but  shall  hold  and  retain  the  same  to  the  exclu- 
sive use  of  said  Memphis,  Clarksville  and  Louisville  Railroad  in 
carrying  on  the  business  of  transportation  of  persons  and  property 
over  its  line  of  road  until  the  whole  is  fully  paid  as  aforesaid. 


XVIL 

In  witness  whereof  the  great  seal  of  said  State  of  Tennessee  is 
affixed  hereto  by  authority  of  its  Legislature,  and  attested  by  its 
Governor. 

WILLIAM  G.  BROWNLOW, 

•^Governor  State  of  Tennessee, 
Witness : 

A.  J.  FLETCHER, 

Secretary  of  State. 


Know  all  Men  by  these  Presents : 

That  the  State  of  Tennessee  by  the  act  of  the  Legislature  of  the 
State  hereto  attached,  and  made  part  hereof,  by  W.  G.  Brownlow, 
Governor  of  said  State,  for  and  in  behalf  of  said  State  of  Tennessee, 
does  hereby  acknowledge  itself  indebted  and  firmly  bound  with  the 
United  States  of  America,  in  the  ftill  and  just  sum  of  $21,661.73, 
with  interest  thereon,  at  the  rate  of  7  3-10  per  cent,  per  annum,  from 
February  28,  1866,  lawful  money  of  the  United  States,  for  which 
payment,  well  and  truly  to  be  made  to  the  Disbursing  Quartermas- 
ter of  the  United  States  MSJitary  Railroads,  at  his  office  in  Nash- 
ville, or  to  such  other  Disbursing  Quartermaster  as  may  be  designa- 
ted by  the  War  Department,  within^  two  years  from  the  28th  day 
of  February,  A.  D.  1866,  the  said  State  of  T«scnessee,  by  its  Gover- 
nor, hereby  binds  itself  and  its  successors  firmly  by  these  presents. 
Sealed  with  its  great  seal,  and  attested  by  the  signature  of  its  Gov- 
ernor, affixed  by  the  express  authority  of  the  Legislature,  this  the 
1st  day  of  June,  1866.  The  nature  of  the  above  obligation  is  such, 
that  whereas  the  above-bounden  State  of  Tennessee,  has  purchased 
and  received  from  the  War  Department  of  the  United  States,  for 
the  use  of  the  Edgefield  and  Kentucky  Railroad,  rolling-stock,  iron 
rails,  cross-ties,  chairs,  spikes,  timber,  and  other  materials,  for  re- 
pairing and  operating  said  railroad,  in  quantities,  at  prices,  and  to 
an  amount  and  value  which  shall  be  evidenced  by  the  receipts  given 
for  the  same  by  R.  B.  Cheatham,  Receiver  on  the  part  of  the  State 
of  Tennessee,  to  the  proper  officer  of  the  War  Department,  upon  a 
credit  of  two  years,  from  the  28th  day  of  February,  A.  D.  1866, 
payable  in  equal  monthly  installments,  with  interest,  at  the  rate  of 
7  3-10  per  cent,  per  annum,  within  the  said  two  years,  either  in  cash 
to  the  Disbursing  officer,  Quartermaster  of  the  United  States  Mill- 


XVIII. 

tary  Railroads,  at  his  office  in  Nashville,  or  to  such  other  Disbursing 
Quartermaster  as  may  be  designated  by  the  War  Department  for 
this  purpose,  or  in  transportation  of  the  troops  or  military  supplies 
of  the  United  States,  under  the  orders  of  the  proper  military  author- 
ities, at  the  rates  of  fare  and  tolls  allowed  forsueh  service  to  North- 
ern railroads;  and  whereas  the  said  State  of  Tennessee  desires,  and 
by  these  presents,  intends  to  secure  to  the  United'S&tes,  the  com- 
plete and  punctual  payment  as  aforesaid,  of  the  amounts  which  may 
be  due  for  the  said  materials,  received  by  it  from  the  United  States ; 
and  whereas  no  payments  havea  been  macM  up  to  the  date  of  these 
presents,  although  large  sums  are  due  in  accordance -with  the  terms 
of  purchase  of  the  materials  aforesaid  :•  Now,  therefore,  if  the  State 
of  Tennessee  shall  well  and  truly  pay  to  the  United  States  of  Amer- 
ica, as  aforesaid,  either  in  cash  or  in  transportation,  as  aforesaid, 
within  thirty  days  from  the  date  of  these  presents,  all  arrears  of  in- 
terest and  installments  due  the  United  States  upon  the  date  hereof, 
to-wit,  the  sum  of  $3,106.31,  and  shall  thereafter  pay,  in  equal 
monthly  installments,  either  in  c:sh  or  in-transportation,  a.s  afore- 
said, to  the  United  States,  within  two  years  from  February  28,  A. 
D.  1866,  then  this  obligation  shall  be  void  and  of  no  effect. 

But  if  the  said  State  of  Tennessee  shall  fail  to  pay  to  the  United 
States  all  or  any  portion  of  what  may  be  due  to  the  United  States 
on  account  of  the  said  materials  received  from  the  United  States, 
within  two  years  from  February  28,  A.  D.  1866,  either  in  cash  or 
in  transportation,  as  aforesaid,  or  shall  fail  to  pay  any  of  the  month- 
ly installments  aforesaid,  punctually  when  due,  then  this  obligation 
shall  remain  in  full  force  and  effect,  to  the  extent  that  may  be  neces- 
sary to  fully  repay  to  the  United  States  for  the  full  amount  which 
may  be  due  on  account  of  the  said  materials  so  received  as  aforesaid, 
and  all  loss  or  damage  which  may  have  been  incurred  by  the  Uni- 
ted States,  by  reason  of  the  failure  of  the  State  of  Tennessee,  to  pay 
for  the  same  what  shall  be  due  thereon  and  therefor  when  the  same 
shall  be  due ;  and  as  a  further  security  for  such  payment  and  indem- 
nity to  the  United  States,  the  United  States  shall  have  a  lien  upon 
the  property  sold  to  said  State  of  Tennessee,  and  in  default  of  such 
complete  and  punctual  payment  of  all  moneys,  which  may  be  due  on 
account  of  the  aforesaid  purchase  of  materials  be  fully  authorized 
to  take  possession  of  and  sell  such  property,  and  also  to  place  in 
charge  and  control  of  the  said  Edgefield  and  Kentucky  Railroad  an 


XIX. 

Agent  of  the  said  United  States,  who  shall  be  fully  empowered,  and 
by  these  presents  is  fully  empowered,  in  case  of  such  default  as 
aforesaid,  to  collect  a]l  the  revenues  of  the  said  railroad,  and  apply 
the  same  to  the  payment  to  the  United  States,  of  all  the  moneys 
which  shall  be  due  at  the  time  of  such  application  of  such  revenues 
to  the  Uuited  States,  for  any  such  materials  which  shall  have  been 
delivered  by  the  United  States  to  the  said  State  of  Tennessee,  for 
the  use  of  said  railroad,  or  by  reason  of  any  loss  or  injury  to  the 
United  States,  resulting  from  such  default  in  payment  of  the  same ; 
and  the  said  State  of  Tennessee  shall  have  no  authority  to  sell  or 
convey  out  of  its  possession,  without  the  consent  of  the  United 
States  first  in  writing  obtained,  any  of  the  property  referred  to  in 
this  agreement,  but  shall  hold  and  retain  the  same  to  the  exclusive 
use  of  said  Edgefield  and  Kentucky  Railroad,  in  carrying  on  the 
business  of  transportation  of  persons  and  property  over  its  lines  of 
road,  until  the  whole  is  fully  paid  for  as  aforesaid. 

In  witness  whereof  the  great  seal  of  said  State  of  Tennessee  is 
affixed  hereto  by  authority  of  its  Legislature,  and  attested  by  its 
Governor. 

WILLIAM  G.  BROWNLOW, 

Governor  State  of  Tennessee. 

Witness : 

[SEAL.]    A.  J.  FLETCHER, 

Secretary  of  State. 


QUARTERMASTER  GENERAL'S  OFFICE, 
WASHINGTON,  D.  Cv  28th  Sept.,  1865. 

GENERAL  ORDERS,) 

No.  56.  / 

The  following  order,  by  the  President  of  the  United  States,  in  re- 
lation to  the  relinquishment  of  the  Government's   control  over  all 
railroads  in  the  State  of  Tennessee,  .and   their  continuations  in  ad- 
joining States,  now  occupied  by  the  United  States   military  authori- 
4 


XX. 

ties,  and  no  longer  needed  for  military  purposes,  is  published  for  the 
information  of  all  Officers  and  Agents  of  the  Quartermaster's  De- 
partment. 

M.  C.  MEIGS, 
Brevet  Major-General,  U.  S.  A., 

Quartermaster-  General. 


WAR  DEPARTMENT, 

WASHINGTON,  August  8th,  1865. 
MAJOR-GENERAL  GEORGE  H.  THOMAS, 

Commanding  Military  Division  of  Tennessee, 

Nashville,  Tennessee. 
GENERAL : 

It  having  been  determined  by  the  Government  to  relinquish  con- 
trol over  all  railroads  in  the  State  of  Tennessee,  and  their  continua- 
tions in  adjoining  States,  that  have  been  in  charge  of,  and  are  now 
occupied  by,  the  United  States  military  authorities,  and  no  longer 
needed  for  military  purposes,  you  are  hereby  authorized  and  di- 
rected to  turn  over  the  same  to  the  respective  owners  thereof,  at  as 
early  a  date  as  practicable,  causing,  in  all  cases  of  transfer  as  afore- 
said, the  following  regulations  to  be  observed  and  carried  out : — 

1.  Each  and  every  Company  will  be  required  to   reorganize  and 
elect  a  Board  of  Directors,  whose  loyalty  shall  be  established  to  your 
satisfaction. 

2.  You  will  cause  to  be  made  out  in  triplicate,  by  such  person  or 
persons  as  you  may  indicate,  a  complete  inventory   of  the  rolling- 
stock,  tools,  and  other  materials  and  property  on  each  road. 

3.  Separate  inventories  will  be,  in   the   same   manner,    made  of 
the  rolling-stock  and  other  property  originally  belonging  to  each 
of  said  roads,  and  that  furnished  by  and  belonging  to   the   Govern- 
ment. 

4.  Each  Company  will  be  required  to  give   bonds  satisfactory  to 
the  Government  that  they  will,  in  twelve  months  from  the  date  of 
transfer  as  aforesaid,  or  such  other  reasonable  time  as  maybe  agreed 
upon,  pay  a  fair  valuation  for  the  Government  property  turned  over 


XXI. 

to  said  companies,  the  same  being  first  appraised  by  competent  and 
disinterested  parties  at  a  fair  valuation,  the  United  States  reserving 
all  Government  dues  for  carrying  mails,  and  other  services  perform- 
ed by  each  Company,  until  said  obligations  are  paid;  and  if,  at  the 
maturity  of  said  debt,  the  amount  of  Government  dues,  retained  as 
aforesaid,  does  not  liquidate  the  same,  the  balance  is  to  be  paid  by 
the  Company  in  money, 

5.  Tabular  statements  will  be   made  of   all   expenditures  by  the 
Government  for  repairing  each  road,  with  a  full  statement  of  receipts 
from  private  freights,  passage,  and  other  sources.;  also   a  full  state- 
ment of  all  transportation  performed  on  Government  account,  giving 
the  number  of  persons  transported,  and  amount  of   treight,  and  the 
distance  carried  in    each  case — all  of  said  reports  or  tabular  state- 
ments to  be  made  in  triplicate,  one  each   for  the  Secretary  of  War 
the   Military  Headquarters  of  the  Department,  and  the  Railroad 
Company. 

6.  All  railroads  in  Tennessee  will  be  required  to  pay  all  arrearages 
of  interest  due  on  the  bonds  issued   by  that   State,  prior  to  the  date 
of  its  pretended  secession  from  the  Union,  to  aid  in  the  construction 
of  said  roads,  before  any  dividends  are  declared  or  paid  to  the  stock- 
holders thereof. 

7.  Buildings  erected  for  Government  purposes  on  the  line  of  rail- 
roads, and  not  valuable  or  useful  for  the  business  of  said  Companies, 
should  not  form  a  legitimate  charge   against   such   Companies ;  nor 
should  they   be  charged   for   rebuilding   houses,  bridges,  or  other 
structures  which  were  destroyed  by  the  Federal  army. 

8.  You  are   authorized  to  give   any  orders   to  Quartermasters 
within  your  Division,  which  you  may  deem  necessary  to   carry  into 
execution  this  order. 

BY  ORDER  OF  THE   PRESIDENT  : 

EDWIN  M.  STANTON, 

Secretary  of  War. 


XXII. 


QUARTERMASTER  GENERAL'S  OFFICE, 
WASHINGTON,  D.  C.,  Oct.  23d,  1865. 

GENERAL   ORDERS,  1 
NO.    62.  / 

The  following  Order,  by  the  President  of  the  United  States,  in 
relation  to  Executive  order  of  8th  August,  1865,  extending  the  pro- 
visions and  benefits  of  the  same  to  all  railroads  within  the  limits  of 
the  Military  Division  of  the  Tennessee  desiring  to  purchase  railroad 
rolling  stock  and  material  from  the  United  States,  for  the  purpose 
of  repairing  the  losses  of  the  war,  is  published  for  the  information 
of  all  officers  and  agents  of  the  Quartermaster's  Department. 

M.  C.  MEIGS, 
Brevet  Major  General,  U.  S.  A., 

Quartermaster  General. 


WAR    DEPARTMENT, 

WASHINGTON,  D.  C.,  14th  October,  1865. 

MAJOR  GENERAL  GEORGE  H.  THOMAS, 

Commanding  Military  Division  of  the  Tennessee, 

Headquarters,  Nashville,  Tennessee. 
GENERAL : 

The  provisions  and  benefits  of  the  Executive  Order  of  8th  of 
August,  are  hereby  extended  to  all  railroads,  within  the  limits  of 
your  command,  desiring  to  purchase  railroad  rolling  stock  and  mate- 
rial from  the  United  States,  for  the  purpose  of  repairing  the  losses 
of  the  war. 

You  are  also  authorized  to  direct  the  sale  to  any  such  railroads,  of 
rolling  stock,  now  within  the  limits  of  your  command,  and  not 
needed  by  the  United  States  for  actual  use,  upon  the  following  con- 
ditions, if  they  are  preferred  to  the  terms  of  the  Order  of  8th 


XXIII. 

of  August,  and  the  individual  security  required  by  you  under  that 
Order : 

You  will  take  care  that  this  property  is  distributed  among  the 
several'  roads  according  to  their  actual  needs,  and  that  none  is 
sold  to  any  railroad  in  excess  of  the  reasonable  requirements  of  its 
business,  or  to  be  used  for  purposes  of  speculation,  sale,  or  hire  to 
other  roads. 

You  will  require  from  all  such  railroad  companies  satisfactory 
bonds,  in  the  form  herewith  enclosed,  binding  them  to  the  payment 
to  the  United  States,  of  the  full  appraised  value  of  the  property  sold 
to  them,  in  equal  monthly  instalments,  with  interest,  at  the  rate  of 
seven  and  three  tenths  per  cent,  per  annum,  within  two  years,  credit 
being  allowed  to  them,  on  the  first  of  each  month,  for  any  service 
of  military  transportation  rendered  by  them  during  the  preceding 
month,  at  the  established  rates  now  allowed  to  Northern  railroads 
for  such  service. 

Full  reports  of  all  sales  under  this  order  will  be  made  to  the'War 
Department  from  time  to  time,  as  required  by  existing  orders. 

The  serviceable  railroad  iron  in  possession  of  the  Quartermaster's 
Department  at  Chattanooga  and  Nashville  is  excepted.  It  will  be 
sold  only  tor  cash  at  the  prices  fixed  by  the  War  Department. 

BY  ORDER  OF  THE  PRESIDENT  : 

EDWIN  M.  ST ANTON, 

Secretary  of  War. 


BOND. 

Know  all  Men  by  these  Presents :  That  the. 


Railroad  Company, 

duly  incorporated  by  the  Act  of  the 

, of  the  State  of. 

by its  President 

acting  for  and   in  behalf  of  said  Railroad  Company,  do   hereby  ac- 
knowledge itself  and  its   successors  held  and  firmly  bound  unto  the 


XXIV. 

United  States  of  America,  in  the  full  and  just  sum  of. 


...Dollars, 

lawful  money  of  the  United  States ;  for  which  payment,  well  and 
truly  be  made,  to  the  Disbursing  Quartermaster  of  the  United 
States  Military  Railroads,  at  his  office  in  Nashville,  or  to  such  other 
Disbursing  Quartermaster  as  may  be  designated  by  the  War  De- 
partment, within  two  years  from  the  date  of  these  presents,  the  said 
railroad  company,  by  its  President,  hereby  binds  itself  and  its  suc- 
cessors, firmly  by  these  presents  : 

Sealed  with  its  corporate  seal,  attested  by  the  signature  of  its 
President,  and  affixed  by  the  express  authority  of  its  Directors,  this 

, day  of. '. 

in  the  year  of  our  Lord   one   thousand   eight   hundred  and   sixty 

(186     .) 

The  nature  of  the  above  Obligation  is  such,  that,  Whereas,  The 
above  bounden  Railroad  Company  has  purchased  and  received,  or 
shall  receive,  from  the  War  Department  of  the  United  States,  roll- 
ing-stock, iron  rails,  cross-ties,  chairs,  spikes,  timber,  and  other  ma- 
terials for  repairing  and  operating  its  railroad,  in  quantities,  at  prices, 
and  to  an  amount  and  value  which  shall  be  evidenced  by  the  receipts 
given  for  the  same  by  the  said  railroad  company  to  the  proper  offi- 
cer of  the  said  War  Department,  upon  a  credit  of  two  years  from 
the  date  of  these  presents,  payable  in  equal  monthly  instalments, 
with  interest,  at  the  rate  of  7  3-10  per  cent,  per  annum,  within  the 
said  two  years,  either  in  cash  to  the  Disbursing  Quartermaster  of  the 
United  States  Military  Railroads,  at  his  office  in  Nashville,  or  to 
such  other  disbursing  Quartermaster  as  may  be  designated  for  this 
purpose  by  the  War  Department,  or  in  transportation  of  the  troops 
or  military  supplies  of  the  United  States,  under  the  orders  of  the 
proper  military  authorities,  at  the  rates  of  fare  and  tolls  allowed  for 
such  service  to  Northern  railroads ;  and, 

WHEREAS,  The  said  railroad  company  desires,  and  by  these  pre- 
sents intends,  to  secure  to  the  United  States  the  complete  and  punc- 
tual payment  as  aforesaid,  of  the  amounts  which  may  be  due  for 
the  said  materials,  received  or  to  be  received  by  it  from  the  Uni- 
ted States : 

Now,  therefore,  If  the  said  railroad  company  shall  well  and  truly 
pay  as  aforesaid,  either  in  cash,  in  equal  monthly  instalments,  or  in 
transportation  as  aforesaid,  to  the  United  States,  within  two  years 


XXV. 

from  the  date  of  these  presents,  all  that  shall  be  due  as  aforesaid  to 
the  United  States  on  account  and  in  payment  for  all  the  materials 
received  as  aforesaid,  from  the  United  States;  then  this  obligation 
shall  be  void  and  of  no  effect. 

But  if  the  said  railroad  company  shall  fail  to  pay  to  the  United 
States,  all  or  any  portion  of  what  may  be  due  to  the  United  States, 
on  account  of  the  said  materials  received  from  the  United  States 
within  two  years  from  the  date  of  these  presents,  either  in  cash  as 
aforesaid,  or  in  transportation  as  aforesaid,  or  shall  fail  to  pay  any  of 
the  monthly  instalments  aforesaid,  punctually  when  due;  then  this 
obligation  shall  remain  in  full  force  and  effect  to  the  extent  that  may 
be  necessary  to  fully  repay  to  the  United  States  for  the  full  amount 
which  may  be  due  on  account  of  the  said  materials  so  received  as 
aforesaid,  and  all  loss  or  damage  which  may  have  been  incurred  by 
the  United  States,  by  reason  of  the  said  railroad  company's  failure 
to  pay  for  the  same,  what  shall  be  due  therefor,  when  the  same  shall 
be  due;  and, 

As  a  further  security  for  such  payment  and  indemnity  to  the 
United  States,  the  United  States  shall  have  a  lien  upon  the  property 
sold  to  said  company,  and  in  default  of  such  complete  and  punctual 
payment  of  all  moneys  which  may  be  due  on  account  of  the  aforesaid 
purchase  of  materials,  be  fully  authorized  to  take  possession  of  and 
sell  said  property,  and  also  to  place  in  charge  and  control  of  the 
said  Company's  Railroad,  an  Agent  of  the  said  United  States,  who 
shall  be  fully  empowered,  and  by  these  presents  is  fully  empowered, 
in  case  of  such  default  aforesaid,  to  collect  all  the  revenues  of  the 
said  Company,  and  apply  the  same  to  the  payment  to  the  United 
States  of  all  the  moneys  which  shall  be  due  at  the  times  of  such  ap- 
plication of  such  revenues  to  the  United  States  for  any  such  materials, 
which  shall  have  been  delivered  by  the  United  States  to  the  said 
Railroad  Company,  or  by  reason  of  any  loss  or  injury  to  the  United 
States  resulting  from  such  default  in  payment  of  the  same.  And 
the  said  Company  shall  have  no  authority  to  sell  or  convey  out  of  its 
possession  without  the  consent  of  the  United  States,  first  in  writing 
obtained,  any  of  the  property  referred  to  in  this  agreement ;  but 
shall  hold  and  retain  the  same  to  the  exclusive  use  of  said  Company, 
in  carrying  on  the  business  of  transportation  of  persons  and  property 
over  its  line  of  road,  until  the  whole  is  fully  paid  for  as  aforesaid. 


XXVI. 

In  witness  whereof,  the  corporate  seal  of  said  railroad  company  is 
affixed  hereto,  by  authority  oi  its  Directors,  and  attested  by 
its  President. 


WITNESS  : 


NOTE. — The  amount  of  this  bond  to  be  double  the  valuation  of 
the  property^  sold  and  delivered.  Internal  Revenue  Stamps  should 
be  affixed,  to^the  amount  of  fifty  cents  for  every  thousand  dollars. 


42»  CONGRESS,  \  H.  R.  3,000.    .  f  Mis.Doc. 

3D  SESSION.    /  I     No.  4. 


IN  THE  HOUSE"  OF  REPRESENTATIVES; 
DECEMBER  3,.  1872. 

Read-.* twice,   referred   to 'the  Committee   on  the*  Judiciary,   and 
ordered  to  be  printed:    . 

Mr.  MAYNARD,  on  leave,  introduced  the  following  Bill: 

A    BILL 
For  the  relief  of  the  State  of  Tennessee. 

WHEREAS,  the  Government  of  the  United  States  holds  three  bonds, 
signed  by  the  Governor  of  the  State  of  Tennessee,  dated  the  first 
day  of  June,  eighteen.hundred  and  sixty-six,  one  for  three  hundred 
and  thirty-seven  thousand  nine  hundred  and  ninety-three  dollars 
and  seventy-three  cents;  another  for  ninety-four  thousand  one: 
hundred  and  forty-two  dollars  and  eighty-five  cents  ;  and  the  other 
for  twenty-one  thousand  six  hundred  and  sixty-one  dollar*  and. . 
seventy^three  cents,  all  bearing  interest  at  the  rate  of  <  seven  and 
three- tenths  per  centum  per  annum,  and  payable  to  the  United 
States  of  America,  for  property  and  railway  material  purchased 
by  the  Edgefield  and  Kentucky,  antta  the  Memphis,  Clarksville 
and  Louisville  Railreads,  and  all  of  them  entitled  to  credits  for 
certain  mail^service  which  is  not  in  dispute  ;  and 

WHEREAS,  the  State  of  Tennessee  claims  an  abatement  in  the 
amount  of  said  bonds,  and  alleges  as  a  reason  therefor  that  the 
property  was  purchased  by  receivers  in  charge  of  said  roads  for 
the  use  and  benefit  of  the  Companies  then  owning.  themy  and  at 


XXVIII. 

-extravagant  prices,  and  said  State,  after  the  property  was  placed 

vin  the  possession  of  the  Companies,  executed  the  bonds  aforesaid, 

*to  prevent  the  stopping  of  said  roads,  by  a  seizure  and  removal 

of  the  rolling-stock  from  said  roads  by  the  officers  and  agents  of 

the  United  States  Government,  and  that,  inasmuch  as  said  Com- 

*  panics  are  utterly  insolvent,  and  unable  to  pay  any  ,part  of  said 
bonds,  that  the  State  should   only   be   charged   with   the  actual 
value  of  the  property  at  the  date  of  the  Sale ;  and  said  State  also 
claims  credit  by  the  value  of  bridges  and  other  property  of  said 
roads  destroyed  while   run  by  the."  United  States  Government ; 
and, 

"WHEKEAS,  the  said  State  of  Tennessee  claims  other  credits  by  railroad 
iron,  spikes,   cars,  ties,  and  other  property  taken  from  the   Win- 
chester and  Alabama  Railroad  in   eighteen    hundred   and  sixty- 

-  three,  used  and  appropriated  by  the   United  States  -Government : 
Therefore, 

<>Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  in  Congress  assembled,  That  the  Quartermaster- 
General  of  the  United  States  be,  and  he  is  hereby  authorized  and  di- 
rected, and  required  to  settle  with  the  State  of  Tennessee<all  demands 
between  said  State  and  the  United  StatesXjrovernment  in  any  of  its  De- 
partments ;  and,  in  doing  so,  he  will  only  charge  said  State  with  the 
actual  value  of  the  property  for  which  said  bonds  were  given  at  the 
date  of  purchase,  that  value  to  be  ascertained  by  proof  or  by  the 
agreement  of  said  officers,  and  the  agents  of  said  State. 

SEC.  2.  That  he  will  also  credit  said-bonds  with  all  property  of 
the  Memphis,  Clarksville  and  Louisville  Railroad,  and  the  Edgefi eld 
and  Kentucky  Road,  destroyed  and  not  replaced  and  restored  by 
the  United  States  Government. 

SEC.  3.  That  the  said  Quartermaster-General  will  also  allow  the 
State  of  Tennessee  the  actual  value  of  all -...rails,  cross-ties,  spikes, 
chairs,  and  other  railway  material,  actually  removed  by  the  United 
States  Government- from  the  Winchester  and  Alabama  Railroad,  and 
not  afterward  restored  and  replaced. 

SEC.  4.  That  such  claims  as  may  thus  be  established  in  favor  ,of 
said  State  will  be  applied  as  a  credit  on  said  bonds  without  Interest 
at  the  date  of  said  bonds. 


xxrx. 

LAWS  OF  NEW   YORK. 

[BY  AUTHORITY.} 


[Every  law,  unless  a  different  time  shall  be  prescribed  therein, 
shall  commence  and  take  effect  throughout  the  State,  on  and  not  be- 
fore the  twentieth  day  after  the  day  of  its  final  passage,  as  certified  by 
the  Secretary  of  State.  Sec.  12,  title  4,  chap.  7,  part  1,  Revised 
Statutes.] 

CHAPTER  651. 

AN  ACT  to  make  a  contribution   toward   the  completion  of  the 
Washington  National  Monument. 

Passed  April  20,  1871,  by  a- two-third  vote. 
The  people  of  the  State  of  New    York,  represented  in  the  Senate  and 

Assembly,  do  enact  as  follows: 

SECTION  1.  The  sum  often  thousand  dollars  is  hereby  appropri- 
ated as  the  contribution  of  the  State  of  New  York,  to  be  paid  by  the 
Treasurer  on  the  warrant  of  the  Comptroller,  to  the  Treasurer  of 
the  National  Washington  Monument  Society,  whenever  the 
Governor  shall  certify  that  he  is  satisfied  a  sufficient  sum  has 
been  subscribed  from  other  sources  to  enable  said  Society  to 
resume  work  with  a  reasonable  prospect  of  completing  the  obelisk 
or  shaft. 

§  2.  A  copy  of  the  foregoing  shall  be  transmitted  by  the 
Governor  to  the  Governors  of  other  States  of  the  Union,  with  a 
request  the  they  communicate  the  same  to  the  Legislatures  of 
their  respective  States. 

STATE  OP  NEW  YORK,      \ 
Office  of  the  Secretary  of  State,  j  SS* 

I  have  compared  the  preceding  with  the  original  law  on  file 
in  this  office,  and  do  hereby  certify  that  the  same  is  a  correct 
transcript  therefrom  and  of  the  whole  of  said  original  law. 

HOMER  A.  NELSON, 

Secretary  of  State. 


XXX. 


STATE  OF  N£W  YORK,  ^| 

EXECUTIVE  CHAMBER.          > 
Albwny,  June  15th,  1871.     j 
T6  His  EXCELLENCY, 

The  Governor  of  Tennessee. 

SIR  :  .1  transmit  herewith,  a  copy  of  an  Act  passed  at  the  last 
session  of  the  Legislature  of  this-  State,  entitled  "  An  Act  to 
make  a  contribution  toward  the  completion  of  thei.  Washington 
National  Monument,"  and  request  that  you  will  communicate  the 
same  to  the  Legislature  of  your  State. 
Very  respectfully,  your  obedient  servant, 

JOHN  T.  HOFFMAN. 


STATE  OF  NEW  JERSEY, 
EXECUTIVE  DEPARTMENT 

Trenton,  March  5,-  1872. 


72.     > 


His  EXCELLENCY,  JOHN  C.'  BROWS'/A 

Governor  of  the  State  of  Tennessee: 

Sm :  Herewith  I  transmit  copy  of  a  law  passed  by  the  Legisla- 
ture of  the  State  of  New  Jersey,  approved  by  me  on  the  28th  day 
of  February,  A.  D.  1872.  . 

I  request  that  you  will  communicate  the  same  to  the  Legis- 
lature of  your  State. 

Respectfully,  your  obedient  servant, ..<.. 

JNO.  PARKER. 


XXXI. 


STATE  OF  NEW  JERSEY. 

AN  ACT  TO  MAKE  A  CONTRIBUTION  TOWARD  THE  COMPLETIO^ 
OF  THE  WASHINGTON  NATIONAL,  MONUMENT. 

WHEREAS,  there  is  now  standing  in  the  City  of  Washington 
an  uncompleted  obelisk  or  shaft  intended  as  a  National  Monu- 
ment to  the  memory  of  GEORGE  WASHINGTON  ;  therefore,  with 
the  intent  and  for  the  purpose  of  completing  the  said  Monu- 
ment befor^  the  Centennial  Anniversary  of  the  Declaration  of 
Independence, — 

1.  Be   it    enacted    by  the    Senate    and  General  Assembly  of  the 
State  of  New  Jersey,  That  the  sum    of  three  thousand  dollars  is 
hereby  appropriated  out  of  any  money  not  otherwise  appropriated 
in  the  Treasury  of  this  State,  as  a   contribution  of  the  State  of 
New  Jersey,  to  be  paid  by  the  Treasurer,  on  the  warrant  of  the 
Comptroller,  to  the  Treasurer  of  the  National  Washington  Monu- 
ment Society,  whenever'  the  Governor  of   this  State  shall  certify 
that  he  is  satisfied  that  a  sufficient  sum  has  been  subscribed  from 
other   sources  to   enable    said    Society   to   resume    work    with    a 
reasonable  prospect  of  completing  the  obelisk  or  shaft. 

2.  And  be  it  enacted,  That  a  copy  of  this   law  shall  be  trans- 
mitted by  the  Governor  to  the  Governors  of  other  States  of  the 
Union,  with  a  request  that    they    communicate    the    same  to  the 
Legislatures  of  their  respective  States. 


A    000  067  262     6 


I 


